Chương 3 Luật Khiếu nại, tố cáo 1998: Khiếu nại, giải quyết khiếu nại quyết định kỷ luật cán bộ, công chức

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.