Chương 7 Luật Khiếu nại, tố cáo 1998: Giám sát công tác giải quyết khiếu nại, tố cáo

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.