Chương 1 Luật Khiếu nại, tố cáo 1998: Những quy định chung

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.