Chương V Luật Lý lịch tư pháp 2009: Xử lý vi phạm và giải quyết khiếu nại, tố cáo về lý lịch tư pháp

Chapter V

HANDLING OF VIOLATIONS AND SETTLEMENT OF COMPLAINTS AND DENUNCIATIONS ABOUT JUDICIAL RECORDS

Article 51. Handling of violations

1. Persons competent to manage judicial records who violate the provisions of this Law shall, depending on the nature and severity of their violations, be disciplined or examined for penal liability. If causing damage, they shall pay compensations under law.

2. Persons who violate the provisions of this Law shall, depending on the nature and severity of their violations, be administratively sanctioned or examined for penal liability. If causing damage, they shall pay compensations under law.

Article 52. Right to lodge complaints

1. Individuals, agencies and organizations requesting the issuance of judicial record cards may lodge complaints in the following cases:

a/ They have grounds to believe that the refusal to issue a judicial record card is unlawful or the issuance of a judicial record card beyond the prescribed time limit infringes upon their legitimate rights and interests:

b/ They have grounds to believe that the issued judicial record card has inaccurate details, infringing upon their legitimate rights and interests.

2. The statute of limitations for lodging a first-time complaint about an act specified in Clause 1 of this Article is 45 days from the date of receipt of a written notice of refusal or the date of expiration of the time limit for issuing judicial record cards or the date of receipt of a judicial record card. In case of objective obstacles, this statute of limitations is 60 days.

The statute of limitations for lodging a second-time complaint is 30 days after receiving a competent person's decision on complaint settlement.

Article 53. Competence to settle complaints

1. Directors of provincial-level Justice Departments are competent to settle complaints about their acts specified in Clause 1, Article 52 of this Law. Complainants who disagree with complaint settlement decisions of directors of provincial-level Justice Departments may further lodge complaints with chairpersons of provincial-level People's Committees or institute administrative lawsuits at courts.

2. The Director of the National Center for Judicial Records is competent to settle complaints about his/her acts specified in Clause 1, Article 52 of this Law. Complainants who disagree with complaint settlement decisions of the Director of the National Center for Judicial Records may further lodge complaints with the Minister of Justice or institute administrative lawsuits at courts.

3. In case complainants disagree with complaint settlement decisions of chairpersons of provincial-level People's Committees or the Minister of Justice, or if their complaints are not settled by these persons upon the expiration of the time limit for complaint settlement, they may institute administrative lawsuits at courts.

4. The director of a provincial-level Justice Department or the Director of the National Center for Judicial Records shall settle a complaint within 15 days after receiving it.

The chairperson of a provincial-level People's Committee or the Minister of Justice shall settle a complaint within 30 days after receiving it.

Article 54. Denunciations

Citizens have the right to denounce to competent agencies, organizations or individuals illegal acts of competent persons in managing judicial records, causing damage or threatening to cause damage to the State's interests, legitimate rights and interests of citizens, agencies or organizations.

Denunciations shall be settled under the law on settlement of denunciations.