Luật Khiếu nại, tố cáo 1998 số 09/1998/QH10

THE NATIONAL ASSEMBLY -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom – Happiness ----------
No: 09/1998/QH10	Hanoi, December 02, 1998

 

LAW

ON COMPLAINTS AND DENUNCIATIONS

(No. 09/1998/QH10 of December 2, 1998)

In order to ensure that complaints and/or denunciations are made and settled lawfully, thus contributing to the promotion of democracy, the enhancement of socialist legal system, and the protection of the interests of the State as well as the legitimate rights and interests of citizens, agencies and organizations;
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam;
This law prescribes complaints and denunciations and the resolution thereof.

Chapter I

GENERAL PROVISIONS

Article 1.-

1. Citizens, agencies and organizations are entitled to complain about administrative decisions and/or administrative acts of State administrative bodies and/or competent persons therein when having grounds to believe that such decisions and/or acts have contravened laws and infringed upon their legitimate rights and interests.

Officials and public servants are entitled to complain about disciplinary decisions of competent persons when having grounds to believe that such decisions have contravened laws and infringed upon their legitimate rights and interests.

2. Citizens are entitled to denounce to competent agencies, organizations or individuals illegal acts committed by any agencies, organizations and/or individuals, which cause damage or threaten to cause damage to the interests of the State and/or the legitimate rights and interest of citizens, agencies and/or organizations.

Article 2.- In this law, the following terms shall be construed as follows:

1. "To complain" means that citizens, agencies, organizations or public employees, according to the procedures prescribed by this law, propose competent agencies, organizations and/or individuals to review administrative decisions, administrative acts or disciplinary decisions against public employees when having grounds to believe that such decisions or acts contravene laws and infringe upon their legitimate rights and interests.

2. "To denounce" means that citizens, according to the procedures prescribed by this law, report to competent agencies, organizations and/or individuals on illegal acts of any agencies, organizations and/or individuals, which cause damage or threaten to cause damage to the interests of the State and/or the legitimate rights and interests of citizens, agencies and/or organizations.

3. "Complainants" are citizens, agencies, organizations or public employees who exercise their right to complaints.

4. "Eligible complaining agencies and organizations" include the State bodies, political organizations, socio-professional organizations, social organizations, socio-political organizations, economic organizations, People’s Armed Forces units.

5. "Denunciators" are citizens who exercise their right to denunciation.

6. "The complained" shall include agencies, organizations and individuals, whose administrative decisions, administrative acts and/or disciplinary decisions are complained about.

7. "The denounced" shall include agencies, organizations and individuals, whose acts are denounced.

8. "The complaint settler" means agencies, organizations and individuals, that are competent to settle complaints.

9. "The denunciation settler" means agencies, organizations and individuals, that are competent to settle denunciations.

10. "An administrative decision" is a written decision issued by a State administrative agency or a competent person in a State administrative agency and applied once to one or several particular objects for a specific matter in the administrative management activities.

11. "An administrative act" is an act of a State administrative agency and/or a competent person in a State administrative agency during the performance of tasks and/or public duties as prescribed by law.

12. "A disciplinary decision" is a written decision of the head of an agency or organization to apply one of such disciplinary forms as reprimand, warning, wage reduction, demotion, dismissal from office or sack against a public employee in his/her charge according to the provisions of legislation on public employees.

13. "Complaint settlement" means the verification, conclusion and issuance of settlement decision by the complaint settler.

14. "Denunciation settlement" means the verification of, and conclusion on, the denunciation contents, and the issuance of handling decision by a denunciation settler.

15. "The final complaint settlement decision" is a decision that has the implementation effect and thereby the complainant is not entitled to further complain thereabout.

16. "The legally effective decisions on complaint settlement" shall include the final complaint settlement decisions; the initial complaint settlement decision about which the complainants have, within the complaining timelimits prescribed by law, failed to further complain or to initiate administrative lawsuits in courts; and the subsequent complaint settlement decisions about which the complainants have, within the complaining timelimits prescribed by law, failed to further complain.

Article 3.- Agencies, organizations and individuals shall have to examine and review their administrative decisions, administrative acts or disciplinary decisions, for timely amendments if they are deemed unlawful in order to avoid complaints.

The State encourages the conciliation of disputes among population before they are settled by competent agencies, organizations and/or individuals in order to restrain complaints from arising from the grassroots.

Article 4.- The making and settlement of complaints and denunciations must comply with the provisions of law.

Article 5.- Agencies, organizations and individuals shall, within their respective functions, tasks and powers, have to receive people who come to make complaints, denunciations, petitions and reports; to receive and settle complaints and denunciations in a timely manner and according to laws; to strictly deal with violators; apply necessary measures to prevent damage that may occur; to ensure the strict execution of settlement decisions and take responsibility before law for their decisions.

Article 6.- Persons who are responsible for settling complaints and denunciations but fail to do so, show irresponsibility in settling them or deliberately settle them illegally shall be severely dealt with; if damage is caused, compensation must be made according to law.

Article 7.- Concerned agencies and organizations shall have to coordinate with competent agencies, organizations and/or individuals in settling complaints and denunciations; and supply information and documents relating to the complaints and denunciations at the latter’s requests.

Article 8.- Complaint settlement decisions must be respected by agencies, organizations and individuals. Complaint settlement decisions with legal effect must be strictly implemented by concerned agencies, organizations and/or individuals. Persons having the responsibility to execute the complaint settlement decisions but fail to do so shall be strictly dealt with.

The denunciation settlers shall have to study and make conclusion on the denunciation contents; if any violations are found they must promptly deal with or request competent persons to deal with the violators.

The victims shall have their legitimate rights and interests, which are infringed upon, restored, be compensated for damage as prescribed by law.

Article 9.- The National Assembly, the National Assembly Standing Committee, the Nationality Council and Commissions of the National Assembly, the People’s Councils at all levels, the National Assembly deputies and the People’s Council deputies shall, within their respective functions, tasks and powers, supervise the enforcement of legislation on complaints and denunciations.

Article 10.- The Government shall, within its functions, tasks and powers, organize and direct the settlement of complaints and denunciations; perform the State management over the settlement of complaints and denunciations nationwide.

The People’s Committees at all levels shall, within their respective functions, tasks and powers, organize and direct the settlement of complaints and denunciations; and perform the State management over the settlement of complaints and denunciations in their respective localities.

Article 11.- The State inspectorates at all levels shall, within their functions, tasks and powers, inspect the observance of complaint and denunciation legislation by the State administrative bodies; consider and settle complaints and denunciations according to the provisions of this law and other law provisions.

Article 12.- The people’s procuracies shall control the observance of complaint and denunciation legislation according to the provisions of this law and other law provisions.

Article 13.- The Vietnam Fatherland Front and its member organizations shall mobilize the people to strictly abide by the complaints and denunciations legislation and supervise the enforcement thereof according to the provisions of this law.

Article 14.- The people’s inspectorates, established and operating according to law, shall supervise the complaint and denunciation settlement by the presidents of the People’s Committees of communes, wards and district towns, as well as by heads of local agencies and units according to the provisions of this law.

Article 15.- Complaints and denunciations forwarded by press agencies must be considered and settled by competent bodies, organizations and/or individuals and the complaint and/or denunciation forwarding agencies must be informed of the settlement as prescribed by law.

Press agencies shall report on complaints and denunciations and the settlement of complaints and denunciations in according with the provisions of the Press Law after full verification thereof and take responsibility before law for such reports.

Article 16.- Strictly prohibited are all acts of obstructing the exercise of the right to make complaints and denunciations; threatening, revenging or retaliating the complainants and/or denunciators; disclosing names, family names, addresses and/or autographs of denunciators; deliberately unsettling or settling illegally complaints and/or denunciations; covering and protecting the complained and/or denounced; illegally intervening in the settlement of complaints and denunciations; inciting, forcing, inducing or buying off other people to make false complaints and/or denunciations; threatening and/or offending persons competent to settle complaints and denunciations; and taking advantage of the complaint and denunciation-making to make distortions or slanders or to cause disorder.

Chapter II

COMPLAINTS AND SETTLEMENT OF COMPLAINTS ABOUT ADMINISTRATIVE DECISIONS, ADMINISTRATIVE ACTS

SECTION 1. RIGHTS AND OBLIGATIONS OF THE COMPLAINANTS AND THE COMPLAINED

Article 17.-

1. The complainant shall have the following rights:

a/ To make complaints by themselves or through their lawful representatives;

b/ To receive written replies on the acceptance of complaints for settlement; to receive decisions on complaint settlement;

c/ To be entitled to the restoration of their legitimate rights and interests which were infringed upon, and to the compensation for damage according to the provisions of law.

d/ To be entitled to further their complaints or initiate administrative lawsuits in courts according to the provisions of this law as well as the administrative procedures legislation;

e/ To withdraw their complaints at any time during the process of settlement.

2. The complainants shall have the following obligations:

a/ To complain to the right persons with settling competence;

b/ To honestly present the matters; provide information and documents for complaint settlers; and take responsibility before law for the contents they have presented as well as their provision of such information and documents;

c/ To strictly abide by the legally effective decisions on complaint settlement.

Article 18.-

1. The complained shall have the following rights:

a/ To show evidence of the legality of the complained administrative decisions and/or administrative acts;

b/ To receive the complaint settlement decisions of the subsequent complaint settler regarding the complaints they have settled, but the complainants have furthered.

2. The complained shall have the following obligations:

a/ To receive and settle complaints about the administrative decisions and/or administrative acts; to send written notices on the receipt of complaints for settlement as well as settlement decisions to complainants and take responsibility before law for their settlement; in cases where complaints are forwarded by agencies, organizations and/or responsible person, the latter must be informed of the settlement or settlement results according to the provisions of this law;

b/ To make justifications for the complained administrative decisions and/or administrative acts and to provide relevant information and documents when requested by competent bodies, organizations and/or individuals;

c/ To strictly abide by legally effective decisions on complaint settlement;

d/ To compensate the damage and overcome the consequences, caused by their illegal administrative decisions and/or administrative acts, according to the provisions of law.

SECTION 2. COMPETENCE TO SETTLE COMPLAINTS

Article 19.- The presidents of the People’s Committees of communes, wards and district towns (collectively called the commune level), heads of the agencies under the People’s Committees of rural districts, urban districts and the provincial capitals and towns are competent to settle complaints about the administrative decisions and/or administrative acts of their own as well as of responsible persons under their direct management.

Article 20.- The presidents of the People’s Committees of rural and urban districts, provincial capitals and towns (collectively called the district level) shall have the competence.

1. To settle complaints about their own administrative decisions and/or administrative acts;

2. To settle complaints which have already been settled by presidents of the commune-level People’s Committees or heads of agencies attached to the district-level People’s Committees, but further made.

Article 21.- The heads of agencies under the provincial/municipal departments and equivalent levels are competent to settle complaints about the administrative decisions and/or administrative acts of their own or of officials or employees under their direct management.

Article 22.- Directors of the departments under the People’s Committees of the provinces and centrally-run cities and equivalent levels have the competence:

1. To settle complaints about the administrative decisions and/or administrative acts of their own or officials or employees under their direct management;

2. To settle complaints which have already been settled by persons defined in Article 21 of this law, but still further made.

Article 23.- Presidents of the People’s Committees of the provinces and centrally-run cities (collectively called the provincial level) shall have the competence:

1. To settle complaints about their own administrative decisions and/or administrative acts;

2. To settle complaints which have already been settled by Presidents of the district-level People’s Committees but further made; these shall be the final decisions on the settlement of such complaints;

3. To settle complaints which have already been settled by directors of departments under the provincial-level People’s Committees or by equivalent levels, but further made with contents falling under the scope of management of the provincial-level People’s Committees; these shall be the final decisions on the settlement of such complaints.

Article 24.- The heads of the sections under the ministries, the ministerial-level agencies and agencies attached to the Government shall have competence to settle complaints about administrative decisions and/or administrative acts of their own and/or of officials and employees under their direct management.

Article 25.-

1. The ministers, the heads of the ministerial-level agencies and the heads of the agencies attached to the Government are competent:

a/ To settle complaints about administrative decisions and/or administrative acts of their own, and/or of officials and employees under their direct management;

b/ To settle complaints which have already been settled by persons defined in Article 24 of this law, but further made;

c/ To settle complaints which have been first settled by presidents of the provincial-level People’s Committee and complaints which have already been settled by directors of departments or equivalent levels under the provincial-level People’s Committees but further made with contents falling under the State management scope of their respective ministries or branches.

2. The complaint settlement decisions of the ministers and the heads of the ministerial-level agencies defined in Points b and c of Clause 1, this Article, shall be the final ones.

Article 26.- The State Inspector-General shall have the competence:

1. To settle complaints which have already been solved by heads of the agencies attached to the Government but further made, except for complaints settled by decisions of heads of the agencies under the Government, namely ministers; these shall be the final decisions on the settlement of such complaints;

2. To verify, make conclusion on and propose the resolution of, complaints under the Prime Minister’s jurisdiction;

3. To settle complaints under the Prime Minister�s authorization according to the Government�s regulations;

4. To propose the Prime Minister to reconsider final decisions on complaint settlement, which are found having violated law, thus causing damage to interests of the State as well as the legitimate rights and interests of citizens, agencies and organizations.

Article 27.-

1. Chief inspectors of the provincial level and the chief inspectors of the district level shall have the competence:

a/ To verify, make conclusion on and propose the resolution of, complaints which fall under the settling competence of the Presidents of the People’s Committees of the same level;

b/ To settle complaints under the authorization of the presidents of the People’s Committees of the same level according to the Government’s regulations.

2. The chief inspectors of the ministries, the ministerial-level agencies and the agencies attached to the Government and the chief inspectors of the provincial/municipal departments or equivalent levels shall have to verify, make conclusion on, and propose the resolution of, complaints which fall under the jurisdiction of the heads of such agencies.

Article 28.-

1. The Prime Minister shall have the competence to make the final decisions on the settlement of:

a/ Complaints which have already been settled by ministers or heads of the ministerial-level agencies but further made, except for those with final settlement decisions;

b/ Particularly complicated complaints involving many localities and many fields of State management.

2. The Prime Minister shall have the competence to reconsider the final complaint settling decisions which have violated laws, causing damage to interests of the State as well as the legitimate rights and interests of citizens, agencies or organizations.

Article 29.-

1. The Prime Minister shall settle disputes over the complaint settling competence among ministries, ministerial-level agencies, agencies attached to the Government and provincial-level People’s Committees.

2. The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the provincial-level People’s Committees shall settle disputes over the complaint-settling competence among agencies and units under their management.

SECTION 3. COMPLAINTS, PROCEDURES FOR SETTLEMENT THEREOF

Article 30.- The complainants shall have to first complain with the persons who have issued the administrative decisions or with bodies managing the officials and/or employees who have committed the administrative acts, and the complainants have grounds to believe that such decisions and/or acts have contravened laws, infringing upon their legitimate rights and interests.

Article 31.- The statute of limitation for a complaint shall be 90 days from the date of receiving the administrative decision or detecting the administrative act.

In cases where a complainant cannot exercise his/her right to complain within such statute of limitation due to his/her illness, natural calamities, enemy sabotage, his/her travel to distant places for mission or study or due to other objective obstacles, the duration when such obstacles exist shall not be calculated into the statute of limitation for the complaint.

Article 32.- Complaints made in one of the following circumstances shall not be accepted for settlement:

1. The complained administrative decisions and/or administrative acts do not directly relate to the complainants’ legitimate rights and interests;

2. The complainants have no full acity for their acts while having no lawful representatives, except otherwise provided for by law;

3. The representatives are unlawful;

4. The statute of limitations for complaints and the timelimit for further complaints have expired;

5. The complaints have been settled by final decisions;

6. The complaints have been accepted by courts for settlement or already settled by the court judgements and/or decisions.

Article 33.-

1. Where complaints are made in writing, the written complaints must clearly state the dates of complaints; names and addresses of the complained agencies, organizations and/or individuals; the contents and reasons of the complaints and the requests of the complainants. The written complaints must be signed by the complainants.

2. Where the complainants come to make complaints personally, the responsible officials shall have to guide them to make the complaints in writing or record their contents, as prescribed in Clause 1 of this Article, with the signatures of the complainants.

3. Where the complaints are made through the complainants� representatives, the latter shall have to show papers evidencing the legality of their representation, and the complaint-making must comply with the procedures prescribed in Clause 1 and Clause 2 of this Article.

Article 34.- Within 10 days after receiving a written complaint which falls under his/her settling competence but not under the circumstances prescribed in Article 32 of this law, the first complaint settler shall have to take it for settlement and notify in writing the com-plainant thereof; in case of refusal to take the complaint for settlement, the reason(s) therefor must be given.

Article 35.- In the course of complaint settlement, if deeming that the execution of a complained administrative decision will cause irremediable consequences, the first complaint settler shall have to issue a decision to temporarily suspend the execution of such administrative decision. The suspension duration shall not exceed the remainder of the timelimit for the first settlement. The suspension decision must be addressed to the complainant and persons with related rights and interests. When the reason for suspension is deemed no longer in existence, that suspension must be cancelled immediately.

Article 36.- The timelimit for the first settlement of a complaint shall not exceed 30 days after the receipt of the complaint for settlement; for a complicated case, such timelimit may be longer but shall not exceed 45 days after the receipt of complaint for settlement.

In deep-lying or distant areas difficult to access, the timelimit for the first settlement of a complaint shall not exceed 45 days after the receipt of the complaint for settlement; for a complicated case, such timelimit may be longer but shall not exceed 60 days after the receipt of complaint for settlement.

Article 37.- When necessary, the first complaint settler shall meet and talk directly with the complainant and the complained person for the clarification of the complained contents as well as the complainant’s claims, and for settlement directions.

The first complaint settler shall have to issue the complaint settlement decision in writing and send it to the complainant and persons with related rights and interests; when necessary, such a decision shall be publicly announced to the complainant and the complained person.

Article 38.- A decision on the first settlement of a complaint must include the following contents:

1. The day, month and year when the decision is issued;

2. The names and addresses of the complainant and the complained as well;

3. The complained contents, which are true, partially true or totally untrue;

4. The legal grounds of the complaint;

5. Retaining, amending or canceling part or whole of the administrative decision; terminating the administrative acts which are complained about; the settling of specific matters in the complained contents;

6. Compensation to victims (if any);

7. The right to further lodge complaints or initiate an administrative lawsuit at court.

Article 39.- If within 30 days from the date of expiry of the settlement timelimits prescribed in Article 36 of this law a complaint is not settled, or from the date of receipt of the decision on the first settlement of the complaint which the complainant disagrees with, he/she may further lodge the complaint to the next competent complaint settler or initiate an administrative lawsuit at a court as prescribed by law; for deep-lying and distant areas difficult to access, the above-said timelimit may be longer but shall not exceed 45 days.

Article 40.- In case of a continued complaint, the complainant shall have to submit together with the written complaint a copy of the previous complaint-settling decision and relevant documents (if any) to the next complaint settler.

Article 41.- Within 10 days from the date of receipt of a complaint which falls under his/her settling competence but does not fall in one of the circumstances prescribed in Article 32 of this law, the next complaint settler shall have to receive it for settlement and notify in writing the complainant and the prior complaint settler thereof; in case of refusal to receive it for settlement the reason(s) therefor must be given.

Article 42.- In the course of subsequent complaint settlements, if deeming that the execution of the complained administrative decision and/or the previous complaint-settling decision will cause irremediable consequences, the complaint settler shall have to issue a decision or request the competent level to issue a decision to temporarily suspend the execution of such decision.

The suspension timelimit shall not exceed the remainder of the settlement timelimit. The suspension decision must be addressed to the complainant, the prior complaint settler and persons with related rights and interests. When the reason(s) for suspension is(are) deemed no longer existing, the suspension decision must be immediately cancelled.

Article 43.- The timelimit for each subsequent settlement of a complaint shall not exceed 45 days from the date of receiving it for settlement’ for a complicated case or matter, such timelimit may be longer but shall not exceed 60 days from the date of receiving it for settlement.

In deep-lying and distant areas with difficulties in travel, the timelimit for each subsequent settlement of a complaint shall not exceed 60 days from the date of receiving it for settlement; for a complicated case or matter, such timelimit may be longer but shall not exceed 70 days from the date of receiving it for settlement.

Article 44.-

1. In the course of subsequent settlements, the complaint settler shall have the rights to:

a/ Request the complainant to provide information, documents and evidences on the complained contents;

b/ Request the complained person to make a written justification for the complained contents;

c/ Request the prior complaint settler, concerned individuals, agencies and organizations to provide information, documents and evidences related to the complained contents;

d/ Summon the complainant and the complained person for dialogue, when necessary;

e/ Make on-spot verification;

f/ Request an evaluation and apply other measures according to law.

2. Individuals, agencies and/or organizations, upon the receipt of requests prescribed in Clause 1 of this article, shall have to meet them.

Article 45.-

1. The subsequent complaint settlers have to issue written decisions on complaint settlement, such a decision must contain the following:

a/ Day, month, year when the decision is issued;

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

c/ Contents of the complaint;

d/ Evaluation and verification results;

e/ Legal grounds for the settlement of the complaint;

f/ Conclusion on the complained contents and the settlement by the previous settler;

g/ Retaining, amending, canceling or requesting to amend, cancel part or whole of the administrative decision; terminating the administrative act which is complained about; settling particular issues in the complained contents;

h/ Compensation for damage (if any);

i/ The right to further lodge the complaint; in case of a final complaint-settling decision, it must be clearly stated therein.

2. Decisions on subsequent complaint settlements must be addressed to the complainant, the prior settler, persons with related rights and interests and the written complaint sender within 7 days after the issuance of the settlement decisions.

Article 46.- If within 30 days from the date of expiry of the settlement timelimits prescribed in Article 43 of this law a complaint is not settled, or from the date of receiving the settlement decision the complainant disagrees with it, he/she may further lodge the complaint to the competent subsequent complaint settler except where it is the final decision on the settlement of the complaint; for deep-lying and distant areas with travel difficulties, the above-said timelimit may be longer but shall not exceed 45 days.

Article 47.-

1. The complaint settlement documents must be compiled into dossier. Such a complaint settlement dossier shall include:

a/ The written complaint or the recorded version of the verbal complaint;

b/ The written reply by the complained;

c/ The records on the examination, verification, conclusion, evaluation results;

d/ The complaint-settling decision;

e/ Other relevant documents.

2. The complaint settlement dossiers must be page-numbered according to the document order and kept according to the provisions of law. In cases where a complainant further lodges his/her complaint or initiate an administrative lawsuit in court, such a dossier must be handed over to the agency or court with settling competence when requested.

Chapter III

COMPLAINTS AND SETTLEMENT OF COMPLAINTS ABOUT DECISIONS TO DISCIPLINE PUBLIC EMPLOYEES

Article 48.- Complaints made by officials and public employees about disciplinary decisions made according to law shall be settled according to the provisions of this law.

Complaints made by officials and public employees who are members of political organizations and socio-political organizations about the disciplinary decisions made according to charters shall be settled according to the charters of such organizations.

Article 49.- The statute of limitation for a complaint shall be 15 days from the date of receiving the disciplinary decision.

In cases where the complainant fails to exercise his/her right to complaint within the prescribed statute of limitation due to his/her illness, natural calamities, his/her travel away on mission or study or due to other objective obstacles, the period with obstacles shall not be calculated into the statute of limitation for complaint.

Article 50.- Complaints must be made in writing; a written complaint must clearly state the day, month and year it is made; the name, sir name and address of the complainant; the contents and reason of the complaint and the complainant’s requests, and it must be signed by the complainant.

Article 51.- A written complaint must be addressed to the person who has issued the disciplinary decision. Within 10 days after the receipt of the written complaint, the disciplinary-decision maker shall receive it for settlement and inform the complainant thereof.

Article 52.- The timelimit for the first settlement of a complaint shall not exceed 30 days from the date of receiving it for settlement; for a complicated case or matter, such timelimit may be longer, but shall not exceed 45 days after receiving it for settlement.

Article 53.-

1. The complaint settlers shall have to make their complaint settling decisions in writing. Such a decision must contain the following:

a/ The day, month and year of issuing the decision;

b/ The names and addresses of the complainant and the complained person;

c/ The complained content, which is true, partly true or totally untrue;

d/ The legal ground(s) for the settlement of the complaint;

e/ Retaining, amending or canceling part or whole of the complained disciplinary decision;

f/ Compensation to the victim for damage (if any).

2. The complaint-settling decision must be addressed to the complainant and concerned agencies as well as organizations.

Article 54.- Within 10 days from the date of receiving a decision on the first settlement of a complaint, if the complainant disagrees therewith he/she shall be entitled to further lodge his/her complaint to the next competent settler.

Within 30 days after receiving it for settlement, the next competent settler shall have to consider it and issue a written decision on the settlement of the complaint; for a complicated case or matter, the complaint settling timelimit may be longer, but shall not exceed 45 days from the date of receiving it for settlement. This shall be the final decision on the settlement of the complaint.

Article 55.- A public employee who complains about a disciplinary decision on his/her dismissal; if disagreeing with the first-settlement decision after receiving it, shall within the timelimit prescribed in Article 39 of this law, be entitled to further lodge his/her complaint to the next competent settler or initiated an administrative lawsuit at court according to the legislation on public employees and the administrative procedures legislation.

Article 56.- Based on the provisions of this law, the National Assembly Standing Committee, the Government, State bodies, political organizations and socio-political organizations shall, within their respective functions, task and powers, have to prescribe the order and procedures for the settlement of complaints made by public employees about disciplinary decisions.

Chapter IV

DENUNCIATIONS AND SETTLEMENT THEREOF

SECTION 1. RIGHTS AND OBLIGATIONS OF THE DENUNCIATOR AND THE DENOUNCED

Article 57.-

1. The denunciator shall have the following rights:

a/ To send written denunciations or personally make denunciations to competent agencies, organizations and/or individuals;

b/ To request the confidentiality of his/her name, address and autographs;

c/ To request the notification of the denunciation settlement results;

d/ To request protection by competent agencies and/or organizations when being threatened, retaliated or revenged.

2. The denunciator shall have the following obligations:

a/ To honestly present the denunciation contents;

b/ To clearly state his/her name, surname and address;

c/ To take responsibility before law for his/her untrue denunciation.

Article 58.-

1. The denounced shall have the following rights:

a/ To be informed of the denunciation contents;

b/ To show evidences in order to prove that the denunciation content is not true;

c/ To have his/her legitimate rights and interests, which were infringed upon, as well as his/her honor, restored; to be compensated for the damage caused by untrue denunciations;

d/ To request competent agency(ies), organization(s) and/or individual(s) to deal with the person(s) who made the untrue denunciations.

2. The denounced shall have the following obligations:

a/ To make justification for the denounced act(s); to provide relevant information and/or documents when so requested by competent agency(ies), organization(s) and/or individual(s);

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

c/ To compensate for the damage and overcome the consequences, caused by his/her illegal act(s).

SECTION 2. COMPETENCE TO HANDLE DENUNCIATIONS

Article 59.- Denunciations of law-breaking acts committed by denounced persons of any agencies or organizations shall be settled by such agencies or organizations.

Denunciations of acts which violate the regulations on tasks and public duties and are committed by persons of any agencies or organizations shall be settled by the heads of such agencies or organizations.

Denunciations of acts which violate the regulations on tasks and public duties and are committed by heads of any agencies or organizations shall be settled by heads of their immediate higher-level agencies or organizations.

Article 60.- Denunciations of law-breaking acts which are related to the State-management functions of any agencies shall be settled by such agencies.

Denunciations of criminal acts shall be settled by agencies engaged in legal proceedings according to the criminal procedures legislation.

Article 61.- The agency and organization heads shall have to settle denunciations according to competence; in case of necessity, they may be handed over to investigation bodies or other competent agencies for examination, verification, conclusion and proposals on handling measures.

Article 62.- The chief inspectors at all levels shall have the competence to:

1. Verify, make conclusions on, and propose measures to settle, denunciations under the jurisdiction of the heads of the agencies of the same level, when so assigned;

2. Consider and make conclusions on denunciation contents which have already been settled but in contravention of law by heads of the agencies immediately under the heads of the agencies of the same level; in cases where a denunciation settlement is concluded as having breached law, a petition shall be made to the person who has reviewed and rehandled the case.

Article 63.- The State inspector-general shall have the competence to:

1. Verify, make conclusion on and propose measures to settle denunciations under the Prime Minster�s jurisdiction, when so assigned;

2. Consider and make conclusions on denunciations which have already been settled but in contravention of law by ministers, heads of ministerial-level agencies, heads of agencies attached to the Government and presidents of the provincial-level People’s Committees; in cases where a denunciation settlement is concluded as having breached law, a petition shall be made to the person who has reviewed and rehandled the case.

Article 64.- The Prime Minister shall direct the settlement of denunciations with particularly complicated contents, and decide the handling of denunciations already concluded and proposed with measures by the State Inspector-General as prescribed in Point 1, Article 63 of this law.

SECTION 3. PROCEDURES FOR DENUNCIATION SETTLEMENT

Article 65.- The denunciator shall have to send his/her written denunciation to the competent agency, organization or individual. The written denunciation must clearly state the name, surname and address of the denunciator; the denunciation content. In cases where the denunciator personally comes and make denunciation orally, the person who receives the former shall have to record the denunciation contents, the name, surname and address of the denunciator, with his/her signature.

Article 66.- Within 10 days from the date of receiving the written denunciation, the receiving agency, organization or individual shall have to receive it for settlement; in cases where a denunciation does not fall under its/his/her jurisdiction, it must be referred to the competent agency or organization for settlement and the denunciator shall be informed thereof, if so requested.

In case of urgency, denunciation-receiving agencies, organizations and/or individuals shall have to immediately notify it to responsible agencies so that measures shall be taken in time to prevent law-breaking acts; and have to apply necessary measures to ensure the safety of denunciators upon their requests.

Article 67.- The timelimit for settlement of a denunciation shall not exceed 60 days from the date of receiving it for settlement; for a complicated case or matter such timelimit may be longer, but shall not exceed 90 days from the date of receiving it for settlement.

Article 68.- The denunciation settler shall have to issue a decision on carrying out the verification and making conclusion on the denunciation content, determine the responsibility of person(s) committing acts of violation, apply handling measures according to competence or propose the competent agencies, organizations and/or individuals to deal with the violator(s).

Article 69.- In cases where there are grounds to believe that the denunciation is settled not in accordance with law or where past the prescribed timelimit the denunciation is not settled, the denunciator shall be entitled to make the denunciation to the immediate superior of the denunciation settler; the settlement timelimit shall comply with the provisions in Article 67 of this law.

Article 70.-

In the course of verifying denunciations, the denunciation settlers shall have the following rights and obligations:

1. To ensure the objectivity, honesty and lawfulness in handling denunciations;

2. To request denunciators to provide evidence and/or documents related to the denunciation contents;

3. To request denounced persons to make written justification for the denounced acts;

4. To request concerned individuals, agencies and/or organizations to provide information and/or documents related to denunciation contents;

5. To request expertise inspection and apply other measures according to law.

Article 71.- In the course of receiving and handling denunciations, if signs of criminal offenses are detected the denunciation-receiving and handling agencies and/or organizations shall have to report and transfer the dossiers to investigation bodies and/or procuracies for handling according to the provisions of the criminal procedure legislation. Within 20 days after receiving the report or dossiers, the investigation bodies and/or procuracies shall have to inform in writing such agencies or organizations of handling; in case of a complicated denunciation, such timelimit may be longer, but shall not exceed 60 days.

Article 72.- The denunciation-receiving and-handling agencies, organizations and individuals must keep secrets for denunciators, must not disclose their names, surnames, addresses and/or autographs as well as other information to their harm.

Article 73.-

1. The denunciation settlement must be made into dossiers. Such a dossier shall include:

a/ The written denunciation or the recorded version of an oral denunciation;

b/ The report on verification, expertise results, documents and evidences gathered in the process of handling;

c/ The written justification by the denounced;

d/ The conclusion on the denunciation contents; the written proposal on handling measures;

e/ The handling decision;

f/ Other relevant documents.

2. The denunciation-settling dossiers must be page-numbered according to file sequence and kept according to the provisions of law. In case of request by competent agencies, organizations and/or individuals, the dossiers shall be transferred to them.

Chapter V

ORGANIZING THE CITIZEN RECEPTION

Article 74.- Heads of the State bodies shall have to personally receive citizens and organize the reception of citizens who come to present complaints, denunciations, petitions or reports related to complaints or denunciations; and appoint officials with good qualifications, professional knowledge as well as knowledge about policies and laws, with high sense of responsibility to receive citizens.

Article 75.- The reception of citizens who come to make complaint and/or denunciations or to submit written complaints and/or denunciations shall be conducted at citizen-receiving places.

The State bodies shall have to arrange places convenient for citizens to come and make complaints, denunciations, proposals and/or reports related to complaints or denunciations.

At the citizen-receiving places, the citizen-receiving time-tables and rules must be posted up.

Article 76.-

1. Presidents of the People’s Committees at all levels and heads of other State bodies shall have to personally receive citizens according to the following regulations:

a/ The presidents of the commune-level People’s Committees shall meet citizens for at least one day a week;

b/ The presidents of the district-level People’s Committees, for at least two days a month;

c/ The presidents of the provincial-level People’s Committees, at least one day a month;

d/ The heads of the other State bodies, at least one day a month.

2. The State inspectorates at all levels and other State agencies shall have to regularly organize the citizen-receptions according to the provisions of law.

Article 77.- Persons receiving citizens shall have to:

1. Receive complaints and denunciations as well as reports related thereto;

2. Guide citizens to exercise their right to complaints and denunciations;

3. To keep secret the names, surnames, addresses and autographs of denunciators upon their request.

Article 78.- Persons who come and make complaints and/or denunciations at citizens-receiving places shall have the following rights and obligations:

1. To produce their personal papers; abide by the rules thereat and follow the citizen-receiving persons’ guidances;

2. To honestly present cases and matters; provide documents related to their complaints and/or denunciations and sign for confirmation of the contents presented;

3. To be provided with guidances and explanations on the exercise of the right to complaints and denunciations;

4. To nominate representatives to present matters to the citizen-receiving persons in case many persons make their complaints or denunciations about the same contents;

5. To be entitled to complain about and/or denounce acts of wrong doing, obstruction, trouble-making, or harassment committed by citizen-receiving persons.

Article 79.- The acts of obstructing, troubling or harassing citizens who come to make their complaints, denunciations, proposals or reports related thereto are strictly prohibited.

The acts of causing disorders at citizens-receiving places, and slandering as well as harming the prestige and honor of State bodies and/or people performing their tasks or public duties are strictly prohibited.

Chapter VI

MANAGEMENT OF COMPLAINT AND DENUNCIATION SETTLEMENT

Article 80.- The management of complain and denunciation settlement shall embrace:

1. The promulgation of legal documents, regulations and rules on the settlement of complaints and denunciations;

2. Popularization, provision of guidance for and organization of the implementation of, regulation on complaints and denunciations;

3. The inspection and control of the observance of complaint and denunciation regulations;

4. The training and professional fostering of officials and public employees in charge of the settlement of complaints and denunciations as well as citizen-reception;

5. Sum-up of situation on complaints and denunciations and the settlement thereof;

6. Review and drawing of experience from the complaint and denunciation settlement.

Article 81.- The Government shall exercise the uniform State management over the complaint and denunciation settlement in the State administrative agencies throughout the country.

The State inspectorates shall be responsible to the Government for exercising the State management over the settlement of complaints and denunciations falling under the Government’s jurisdiction.

Article 82.- The ministries, the ministerial-level agencies, the agencies attached to the Government and the People’s Committees at all levels shall perform the State management over the settlement of complaints and denunciations within the scope of their management; guide, urge and inspect the observance of complaint and denunciation legislation by agencies and organizations under their management; and observe the regime of reporting on complaint and denunciation settlement, as stipulated by the Government.

The State inspectorates at all levels shall assist the heads of agencies of the same levels to manage the complaint and denunciation settlement.

Article 83.-

1. The Supreme People’s Court, the Supreme People’s Procuracy and other State bodies, political organizations, and socio-political organizations at the central level shall, within their respective functions, tasks and powers, manage the complaint and denunciation settlement; and periodically report to the Government on the settlement according to law provisions of complaints and denunciations falling within their respective scopes of management.

2. The local people’s courts, the local people’s procuracies and locally-based offices of political organizations as well as socio-political organizations shall, within their respective functions, tasks and powers, manage the complaint and denunciation settlement; and periodically report to the People’s Committees of the same levels on the settlement according to law provisions of complaints and denunciations falling within their respective scopes of management.

Article 84.- When necessary, the Prime Minister shall discuss with the president of the Supreme People’s Court and the chairman of the Supreme People’s Procuracy on the coordinated settlement of complaints and denunciations.

The Government, the Supreme People’s Court and the Supreme People’s Procuracy shall periodically report to the National Assembly, the National Assembly Standing Committee and the State President on the work of complain and denunciation settlement.

The State Inspector General shall periodically report to the Government on the work of complaint and denunciation settlement, and propose measure to raise the efficiency of the complaint and denunciation settlement.

When necessary, the presidents of the People’s Committees shall discuss with the chief judges of the people’s courts and heads of the people’s procuracies of the same levels on the coordinated settlement of complaints and denunciations.

The People’s Committees, the People’s Court and the People’s Procuracies shall periodically report to the People’s Councils of the same levels on the settlement of complaints and denunciations within their respective localities.

Chapter VII

SUPERVISION OF COMPLAINT AND DENUNCIATION SETTLEMENT

SECTION 1. SUPERVISION BY THE NATIONAL ASSEMBLY AND PEOPLE’S COUNCILS

Article 85.-

1. The National Assembly shall supervise the observance of complaint and denunciation legislation, and annually consider at its year-end session reports of the Government, the Supreme People’s Court and the Supreme People’s Procuracy on the settlement of complaints and denunciations.

2. The National Assembly Standing Committee shall supervise the observance of complaint and denunciation legislation; consider reports of the Government, the Supreme People’s Court and the Supreme People’s Procuracy on the settlement of complaints and denunciations; nominate teams to supervise the complaint and denunciation settlement; and, upon detection of any law offence, request competent people to stop the offence, consider liabilities and deal with the violator(s). Complaints and/or denunciations addressed to the National Assembly Standing Committee shall be handed over to the Nationality Council, concerned Commissions of the National Assembly or competent people for study and consideration; if law violations are detected, the provisions in Point 2, Article 86 of this law shall apply.

Article 86.- Within their respective tasks and powers, the National Council and Commissions of the National Assembly shall have the responsibility to:

1. Organize teams to supervise the complaint and denunciation settlement; request the concerned agencies, organizations and individuals to report on the complaint and denunciation situation as well as the settlement thereof;

2. Study the complaints and/or denunciations after receiving them; request competent people to consider and settle acts of law violation when they are detected, and if disagreeing with the settlement thereof, request the heads of the immediate higher-level agencies or organizations to consider and settle; the concerned agencies and/or organizations shall have to reply such a request within 7 days after the issuance of the settlement decision;

3. Upon detection of any violations of law, which have caused damage to the interests of the State, and/or the legitimate rights and interests of citizens, agencies and/or organizations, request competent people to apply necessary measures in order to stop such violations, consider liabilities and deal with violators.

Article 87.-

1. The National Assembly deputies and the People’s Council deputies shall, within the ambit of their respective tasks and powers, have to:

a/ Upon the receipt of complaints and denunciations, consider, promptly transfer them to competent people, then urge and monitor the settlement of such complaints and denunciations; and at the same time inform the complainants and/or denunciators of such transfer;

b/ Upon detection of any violations of law, which have caused damage to the interests of the State and/or the legitimate rights and interests of citizens, agencies and/or organizations, propose competent people to apply necessary measures in order to put a timely end to the violations, consider liabilities and deal with violators.

2. The competent people, upon the receipt of complaints and denunciations transferred by National Assembly deputies and People’s Council deputies shall have to consider and settle them within 7 days after the issuance of settlement decision then notify the National Assembly deputies and the People’s Council deputies who have transferred such written complaints and denunciations of the settlement results.

In cases where they deem the settlement unsatisfactory, such National Assembly deputies shall be entitled to meet the heads of concerned agencies to inquire into the settlement and request a review thereof. When necessary, they may request the heads of the concerned superior agencies to settle.

Article 88.- Delegations of National Assembly deputies shall make arrangements for their respective members to receive citizens who come and make their complaints, denunciations, proposals, and reports related thereto, to receive and transfer the written complaints and denunciations to competent people, then urge and monitor the settlement thereof. The complaint and denunciation settler shall have to consider and settle complaints and denunciations and notify the settlement results according to Clause 2, Article 87 of this law to those concerned.

In case of necessity, a National Assembly deputies delegation may organize a team to supervise the settlement of complaints and denunciations, which, upon detection of any law violations causing damage to the interests of the State and/or the legitimate rights and interests of citizens, agencies and/or organizations, shall propose competent people to apply necessary measures in order to put a timely end to the violations.

Article 89.-

1. The People’s Councils of all levels shall have the following tasks and powers:

a/ To consider at their sessions reports of the People’s Committees, the People’s Courts and the People’s Procuracies of the same levels on the settlement of complains and denunciations;

b/ To nominate teams to supervise the settlement of complaints and denunciations in their respective localities; upon detection of any law violations which have caused damage to the interests of the State as well as the legitimate rights and interests of citizens, agencies and/or organizations, to request competent people to apply necessary measures in order to put a timely end to the violations, consider liabilities and deal with the violators.

2. The Standing Bodies of the People’s Councils of the provincial and district levels and the chairmen of the commune-level People’s Councils shall, within the ambit of their respective tasks and powers, to inspect and consider the situation of complaint and denunciation settlement; to study the complaints and denunciations they have received; request competent people to consider and settle any detected violations of law, and, if disagreeing with the settlement results, to request the heads of the immediate superior agencies and organizations to consider and settle; the concerned agencies and organizations shall have to reply such a request within 7 days after the issuance of a settlement decision.

3. Sections of the provincial-and district-level People’s Councils shall assist the People’s Councils of the same levels in supervising the observance of the complaint and denunciation legislation.

Article 90.- The concerned agencies, organizations and individuals shall have to create conditions for various agencies of the National Assembly, the People’s Councils of all levels, the National Assembly deputies and their delegations, as well as the People’s Council deputies to supervise the observance of complaint and denunciation legislation.

SECTION 2. SUPERVISION BY VIETNAM FATHERLAND FRONT AND ITS MEMBER ORGANIZATIONS, AND BY THE PEOPLE’S INSPECTORATE

Article 91.-

1. The Vietnam Fatherland Front and its member organizations shall have to organize the reception of citizens who come to present complaints, denunciations, petitions, reports related thereto; study and transfer complaints and denunciations to competent settlers upon receiving them.

2. Complaints and denunciations transferred by the Vietnam Fatherland Front and/or its member organizations must be considered and settled by complaint and denunciation settlers, who shall, within 7 days after the issuance of a settlement decision, have to notify in writing the settlement results to the organizations that have transferred the complaints and denunciations; if disagreeing with such settlement results, the latter may request the immediate superior agencies or organizations to consider and settle them; the concerned agencies and organizations shall have to reply such a request within 7 days after the issuance of the settlement decision.

Article 92.- The Government, the Supreme People’s Court and the Supreme People’s Procuracy shall periodically notify the Vietnam Fatherland Front Central Committee. The People’s Committees, the People’s Courts and the People’s Procuracies of all levels shall periodically notify the Fatherland Front Committees of the same levels, of the work of complaint and denunciation settlement.

Article 93.-

1. The people’s inspectorates shall, within the ambit of their tasks and powers, receive information and reports from people on complaints and denunciations as well as the settlement thereof in communes, wards, district, towns, grassroots agencies and units; detect in time violations of complaint and denunciation legislation; and propose the chairmen of the commune-level People’s Committees and/or heads of grassroots agencies and units to settle them in time and in accordance with the complaint and denunciation legislation and supervise such settlement.

2. The presidents of the commune-level People’s Committees and the heads of grassroots agencies and units shall have to notify the people’s inspectorates of the settlement of complaints and denunciations under their respective jurisdiction, and consider and settle proposals made by the people’s inspectorates.

Article 94.- Concerned agencies, organizations and individuals shall have to create conditions for Vietnam Fatherland Front Committee, the Front’s member organizations and The People’s inspectorates to supervise the observance of complaint and denunciation legislation.

Chapter VIII

REWARD AND HANDLING OF VIOLATIONS

Article 95.- Agencies, organizations and individuals having achievements in the settlement of complaints and denunciations and denunciators having merits in preventing damage to the State, organizations and/or individuals shall be rewarded according to the provisions of law.

Article 96.- If a complaint and denunciation settler commits one of the following acts, he/she shall, depending on the nature and seriousness of the violation, be disciplined or examined for penal liabilities; and pay compensation for the caused damage according to the provisions of law:

1. Showing irresponsibility in the settlement of complaints and denunciations;

2. Causing troubles or harassments, obstructing the exercise of the right to complaints and denunciations;

3. Deliberately delaying the settlement of complaints and/or denunciations;

4. Falsifying complaint and/or denunciation dossiers in the course of settlement thereof;

5. Issuing complaint and/or denunciation-settling decisions in contravention of law;

6. Failing to promptly apply necessary measures to stop acts of law violation;

7. Threatening, retaliating and/or revenging complainant(s) and/or denunciator(s); covering and protecting complained and/or denounced person(s);

8. Failing to act upon the requests and/or proposals of agencies, organizations, National Assembly deputies and People�s Council deputies as prescribed in Article 15, 85, 86, 87, 88, 89, 91 and 93 of this law;

9. Violating other provisions of complaint and denunciation legislation.

Article 97.- If persons receiving citizens commit one of the following acts, they shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liabilities:

1. Showing irresponsibility in receiving citizens;

2. Causing troubles or harassment, or obstructing persons who come and present complaints, denunciations, proposals, reports;

3. Violating the citizens- receiving rules and regulations;

4. Failing to promptly handle or falsifying or distorting information and documents provided by complainants, denunciators, proposal and/or report makers;

5. Violating other law provisions on receiving citizens.

Article 98.- Persons who are obliged but have failed to abide by complaint-settling decisions or denunciation-handling decisions shall, depending on the nature and seriousness of their violations, be disciplined, administratively sanctioned or examined for penal liabilities; if damage is caused, the compensation must be made according to the provisions of law.

Article 99.-

Article 100.- Those who commit one of the following acts shall, depending on the nature and seriousness of the violation, be disciplined, administratively sanctioned or examined for penal liabilities; if damage is caused, compensation must be made therefor according to the provisions of law:

1. Inciting, forcing, inducing, buying off others to make false complaints and/or denunciations;

2. Taking advantage of the right to complaints and denunciations to make distortions, slanders, to foment disorder, cause damage to agencies, organizations and/or individuals;

3. Making false denunciations;

4. Threatening, retaliating, insulting complainants, denunciators and persons responsible for the settlement of complaints and denunciations;

5. Violating other provisions of complaint and denunciation legislation.

Chapter XI

IMPLEMENTATION PROVISIONS

Article 101.- Complaints made by foreign individuals, agencies and organizations in Vietnam and the settlement thereof, and the denunciations made by foreign individuals in Vietnam shall comply with the provisions of this law except otherwise provided for by the international treaties which the Socialist Republic of Vietnam has signed or acceded to.

Article 102.- The Government shall detail and guide the implementation of this law; basing themselves on this law, the State bodies, the political organizations and the socio-political organizations shall guide the implementation of the complaint and denunciation legislation within their respective agencies and organizations.

Article 103.- This law enters into force as from January 1st, 1999.

The May 7, 1991 Ordinance on citizens’ complaints and denunciations is no longer effective from the date this law takes effect; all previous regulations contrary to this law are now annulled.

This law was passed by the Xth National Assembly of the Socialist Republic of Vietnam at its fourth session on December 2, 1998.

 

THE NATIONAL ASSEMBLY Nong Duc Manh