Chương XXI Luật tố tụng hành chính 2015: Khiếu nại, tố cáo trong tố tụng hành chính

Chapter XXI

COMPLAINTS AND DENUNCIATIONS IN ADMINISTRATIVE PROCEDURES

Article 327. Decisions and acts in administrative procedures which may be complained about

1. Agencies, organizations and individuals 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 infringe upon their lawful rights and interests.

2. First-instance, appellate, cassation or reopening court judgments or rulings against which appeals or protests are filed or other procedural decisions issued by administrative procedure conducting persons about which complaints or recommendations are filed shall be settled under relevant chapters of this Law rather than this Chapter.

Article 328. Rights and obligations of complainants

1. A complainant has the following rights:

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

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

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

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

dd/ To have his/her infringed lawful rights or interests restored; to receive compensation for damage in accordance with law.

2. A complainant has the following obligations:

a/ To file 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 refrain from abusing the right to complaint to obstruct procedural activities of the court;

d/ To abide by decisions and obey acts of the procedure-conducting person with whom he/she files the complaint during the time of complaint;

dd/ To abide by the legally effective complaint settlement decision.

Article 329. Rights and obligations of complained persons

1. A complained person has the following rights:

a/ To be in formed of grounds for the complainant to file the complaint; to produce evidences of the lawfulness 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. A complained person has the following obligations:

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

b/ To abide by the legally effective complaint settlement decision;

c/ To pay compensation for damage or reimburse or remedy the consequences caused by his/her illegal decision or act in administrative procedures in accordance with law.

Article 330. Statute of limitations for filing a complaint

The statute of limitations for filing a complaint is 10 days after 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 file a complaint within the time limit prescribed in this Article due to a force majeure event or an objective obstacle, the duration in which such event or obstacle exists will not be included in the statute of limitations for filing a complaint.

Article 331. Mode of filing a complaint

A complaint shall be lodged in writing. The written complaint must clearly state the date of the complaint; full name and address of the complainant; contents of and reason for filing the complaint, and request of the complainant, and shall be signed or fingerprinted by the complainant.

Article 332. Competence to settle complaints about decisions or acts of procedure- conducting persons

1. The chief justice of the court currently settling the administrative case has the competence to settle a complaint about the decision or act of the procedure-conducting person being the judge, deputy chief justice, verifier, court clerk or people’s assessor.

For a complaint about the procedural decision or act of the chief justice of a court, the chief justice of the immediate superior court has the competence to settle it.

2. The chief procurator of a procuracy has the competence to settle a complaint about the decision or act of the procedure-conducting person being the procurator, deputy chief procurator or examiner.

For a complaint about the procedural decision or act of the chief procurator of a procuracy, the chief procurator of the immediate superior procuracy has the competence to settle it.

3. The chief justice of the immediate superior court or chief procurator of the immediate superior procuracy has the competence to settle a complaint about the first-time complaint settlement decision of the court’s chief justice or procuracy’s chief procurator prescribed in Clauses 1 and 2 of this Article.

Article 333. Time limit for complaint settlement

The time limit for first-time complaint settlement is 15 days after the court or procuracy receives the complaint. When necessary, for a complicated case, the time limit for complaint settlement may be prolonged but must not exceed 15 days after it expires.

Article 334. Contents of first-time complaint settlement decisions

1. A person who conducts first-time complaint settlement shall issue a written decision on complaint settlement. This decision must contain the following:

a/ Date of issuance;

b/ Names and addresses of the complainant and complained person;

c/ Complaint contents;

d/ Result of the verification of complaint contents;

dd/ Legal grounds for the complaint settlement;

e/ The subject of the decision.

2. The first-time complaint settlement decision shall be sent to the complainant and related agencies, organizations and individuals; the complaint settlement decision of the court chief justice shall also be sent to the same-level procuracy.

Article 335. Procedures for second-time complaint settlement

1. Within 5 working days after the complainant receives the first-time complaint settlement decision, if he/she disagrees with it or past the time limit prescribed in Article 333 of this Law, the complaint remains unsettled, the-complainant may file the complaint with the person competent to conduct second-time complaint settlement.

2. The complaint shall be enclosed with a copy of the first-time complaint settlement decision and relevant documents.

3. The second-time complaint settlement decision must contain the following:

a/ The contents specified at Points a, b, c, d and dd, Clause 1, Article 334 of this Law;

b/ Result of complaint settlement by the person who has conducted the first-time complaint settlement;

c/ Conclusion on each specific issue in the complaint of the complainant and settlement by the person who has conducted the second-time complaint settlement.

4. The second-time complaint settlement decision shall be sent to the complainant and related agencies, organizations and individuals; the complaint settlement decision of the court’s chief justice shall also be sent to .the same-level procuracy.

5. The second-time complaint settlement decision takes effect for implementation.

Article 336. Settlement of complaints about expert examination in administrative procedures

The settlement of complaints about expert examination in administrative procedures must comply with the law on judicial assessment and other relevant laws.

Article 337. Persons with the right to denounce

Individuals may file denunciations with competent agencies, organizations or persons about illegal acts of persons with procedure-conducting competence which cause or threaten to cause damage to public interests, interests of the State or lawful rights and interests of agencies, organizations or individuals.

Article 338. Rights and obligations of denouncers

1. A denouncer has the following rights:

a/ To file his/her denunciation or personally present it to a competent agency, organization or person;

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

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

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

2. A denouncer has the following obligations:

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

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

c/ To take responsibility before law for untruthful denunciation.

Article 339. Rights and obligations of denounced persons

1. A denounced person has the following rights:

a/ To be notified of denunciation contents;

b/ To produce evidences proving that denunciation contents are untrue;

c/ To have his/her lawful rights and 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 make untruthful denunciations.

2. A 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 abide by the handling decision of the competent agency, organization or person;

c/ To pay compensation for damage, reimburse or remedy consequences caused by his/ her illegal administrative procedural acts in accordance with law.

Article 340. Competence and time limit for settlement of denunciations

1. Denunciations against illegal acts of a person with procedure-conducting competence of a certain competent agency shall be settled by the head of such agency.

In case a denunciation is filed against the chief justice or a deputy chief justice of a court or the chief procurator or a deputy chief procurator of a procuracy, the chief justice of the immediate superior court or the chief procurator of the immediate superior procuracy shall settle such denunciation.

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

2. Denunciations against illegal acts which show criminal signs shall be settled in accordance with the Criminal Procedures Code.

Article 341. Procedures for settlement of denunciations

The procedures for settlement of denunciations must comply with the law on denunciations.

Article 342. Responsibilities of persons competent to settle complaints or denunciations

1. Competent agencies, organizations or persons shall, within the ambit of their tasks and powers, receive and promptly and lawfully settle complaints or denunciations; strictly handle violators; apply necessary measures to prevent possible damage; ensure strict execution of complaint or denunciation 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 severity of their violations, be disciplined or examined for penal liability and, if causing damage, pay compensation in accordance with law.

Article 343. Supervision of law observance in the settlement of complaints and denunciations in administrative procedures

Procuracies shall supervise law observance in the settlement of complaints and denunciations in administrative procedures in accordance with law. Procuracies may request or recommend courts at the same or subordinate level or responsible agencies, organizations and persons to ensure the grounded and lawful settlement of complaints and denunciations.

The Procurator General of the Supreme People’s Procuracy shall assume the prime responsibility for, and coordinate with the Chief Justice of the Supreme People’s Court in, detailing this Article.