Chương XVII Luật tố tụng hành chính 2010: Khiếu nại, tố cáo trong tố tụng hành chính

Chapter XVII

COMPLAINTS AND DENUNCIATIONS IN ADMINISTRATIVE PROCEDURES

Article 249. Decisions and acts in administrative procedures which may be complained about

1. Individuals, agencies and organizations may complain about decisions or acts of administrative procedure-conducting agencies or persons in administrative procedures when they have grounds to believe that such decisions or acts are illegal or infringing upon their rights and legitimate interests.

2. If being appealed or protested against, complained about or petitioned, first-instance, appellate, cassation or reopening judgments or rulings of courts or other procedural decisions issued by administrative procedure-conducting persons shall not be settled according to the provisions of this Chapter but shall be settled according to the provisions of corresponding chapters of this Law.

Article 250. Rights and obligations of complainant

1. The complainant has the following rights:

a/ To lodge a complaint by himself/herself or through a representative;

b/ To lodge a complaint at any stage of settlement of the case;

c/ To withdraw a complaint at any stage of settlement of the case;

d/ To receive a written reply on the acceptance of his/her complaint for settlement; to receive the complaint settlement decision;

e/ To have his/her rights or legitimate interests restored; to receive damages in accordance with law.

2. The complainant has the following obligations:

a/ To lodge a complaint with a person who is competent to settle it;

b/ To give truthful statements, provide information and documents to the person settling the complaint; to take responsibility before law for the contents of their statements and provided information and documents;

c/ To strictly abide by the complaint settlement decision which has taken legal effect.

Article 251. Rights and obligations of complained person

1. The complained person has the following rights:

a/ To produce evidence of the legality of his/ her decision or act in administrative procedures which is complained about;

b/ To receive the complaint settlement decision concerning his/her decision or act in administrative procedures.

2. The complained person has the following obligations:

a/ To explain his/her decision or act in administrative procedures being complained about; provide relevant information or documents when so requested by competent agencies, organizations or persons;

b/ To strictly abide by the complaint settlement decision which has taken legal effect;

c/ To compensate for damage or reimburse or remedy the consequences caused by his/her illegal decisions or acts in administrative procedures as required by law.

Article 252. Statute of limitations for lodging a complaint

The statute of limitations for lodging a complaint is 15 days counting from the date the complainant receives or knows about the procedural decision or act which he/she considers illegal.

In case the complainant cannot exercise his/ her right to lodge a complaint within the time limit stated in this Article because of a force majeure event or an objective obstacle, the duration in which the force majeure event or objective obstacle exists shall not be counted into the statute of limitations for complaint.

Article 253. Competence and time limit for settlement of complaints against procurators, deputy directors or directors of procuracies

Complaints about procedural decisions or acts of procurators or deputy directors of procuracies shall be settled by the directors of such procuracies within 15 days after receiving the complaints. If disagreeing with the settlement results, the complainants may lodge their complaints with the immediate superior procuracies. Within 15 days after receiving the complaints, the directors of the immediate superior procuracies shall consider and settle them.

Complaints about procedural decisions or acts of the directors of procuracies shall be settled by the directors of the immediate superior procuracies within 15 days after receiving the complaints.

Article 254. Competence and time limit for settlement of complaints against court clerks, people's jurors, judges, vice presidents or presidents of courts

Complaints about procedural decisions or acts of court clerks, people's jurors, judges, or vice presidents of courts shall be settled by the courts' presidents within 15 days after receiving the complaints; if disagreeing with the settlement results, the complainants may lodge their complaints with the immediate superior courts. Within 15 days after receiving the complaints, the presidents of the immediate superior courts shall consider and settle them.

Complaints about procedural decisions or acts of presidents of courts shall be settled by the presidents of the immediate superior courts within 15 days after receiving the complaints.

Complaint settlement decisions of presidents of courts must be sent to complainants and same-level procuracies.

Article 255. Competence and time limit for settlement of complaints against experts

Complaints about acts of experts in administrative procedures shall be settled by the heads of the expert-examination organizations which directly manage the experts within 15 days after receiving the complaints; if disagreeing with the settlement results, the complainants may lodge complaint with the heads of the immediate superior agencies managing the expert-examination organizations. Within 15 days after receiving the complaints, the heads of the immediate superior agencies shall consider and settle them.

Article 256. Persons with the right to denounce

Citizens may denounce to competent agencies, organizations or persons illegal acts of procedure-conducting agences or persons which cause or threaten to cause damage to the State's interests or rights and legitimate interests of citizens, agencies or organizations.

Article 257. Rights and obligations of denouncer

1. The denouncer has the following rights:

a/ To file his/her in writing or personally present the denunciation to a competent agency, organization or individual;

b/ To request his/her full name, address and autograph be kept secret;

c/ To request the result of settlement of his/ her denunciation be informed to him/her;

d/ To request competent agencies, organizations or persons to protect him/her from intimidation, repression or revenge.

2. The denouncer has the following obligations:

a/ To honestly present the content of his/her denunciation;

b/ To clearly state his/her full name and address;

c/ To take responsibility before law for untruthful denunciation.

Article 258. Rights and obligations of denounced person

1. The denounced person has the following rights:

a/ To be notified of the denunciation content;

b /To produce evidence that the denunciation content is untrue;

c/ To have his/her rights and legitimate interests that have been infringed upon restored; to have his/her honor restored; and to receive compensation for the damage caused by the untrue denunciation;

 d/ To request competent agencies, organizations or persons to handle persons who gave untruthful denunciations.

2. The denounced person has the following obligations:

a/ To explain his/her denounced act; to provide relevant information and documents when so requested by competent agencies, organizations or persons;

b/ To strictly abide by the handling decision of the competent agency, organization or person;

c/ To pay damages, reimburse or remedy consequences caused by his/her illegal administrative procedural acts as required by law.

Article 259. Competence and time limit for settlement of denunciations

1. Denunciations of illegal acts of a person competent to conduct procedures of a certain competent agency shall be settled by the head of such agency.

In case the denounced person is the president, a vice president or a court or the director or a deputy director of a procuracy, the president of the immediate superior court or the director of the immediate superior procuracy shall settle the case.

The time limit for settlement of a denunciation is 60 days after accepting the denunciation; for complicated cases, this time limit may be longer but must not exceed 90 days.

2. Denunciations of illegal acts which show criminal signs shall be settled according to the provisions of the Criminal Procedure Code.

Article 260. Procedures for complaint and denunciation settlement

The procedures for settlement of complaints and denunciations comply with the provisions of this Chapter and other legal provisions on complaints and denunciations which are not contrary to the provisions of this Chapter.

Article 261. Responsibilities of persons competent to settle complaints or denunciations

1. Competent agencies, organizations or persons shall, within the scope of their tasks and powers, receive and promptly and lawfully settle complaints or denunciations; to strictly handle violators: apply necessary measures to prevent possible damage; to ensure strict execution of settlement decisions and take responsibility before law for their decisions.

2. Those who are competent to settle complaints or denunciations but fail to settle them, show irresponsibility in settling them or settle them illegally shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability; if causing damage, they shall pay compensations according to law.

Article 262. Supervision of law observation in the settlement of complaints and denunciations in administrative procedures

The procuracies shall supervise law-observance in the settlement of complaints and denunciations in administrative procedures in accordance with law. The procuracies may request or recommend the courts of the same and lower levels, responsible agencies, organizations and persons to ensure that the settlement of complaints and denunciations is grounded and lawful.