Chương 6 Nghị định 109/2007/NĐ-CP: Khiếu nại, tố cáo và xử lý vi phạm

Chapter VI

COMPLAINTS, DENUNCIATIONS AND DEALING WITH BREACHES

Article 52. Complaints and denunciations

1. Complaints and denunciations relating to the equitization process and their resolution shall be implemented in accordance with this Decree and the law on complaints and denunciations.

2. During the period of a complaint or denunciation, organizations and individuals must still implement the administrative decision issued by the competent State body and shall implement the new decision dealing with the complaint or denunciation when it takes effect.

3. Ministries, ministerial equivalent bodies, Government bodies and people's committees of provinces and cities under central authority shall be responsible to accept jurisdiction over complaints and denunciations in accordance with their respective authority, and shall provide written notice thereon to organizations and individuals for their information.

4. If a complaint remains unresolved after thirty (30) days from the expiry of the time-limit for resolution or from the date of receipt of the first decision on resolution of the complaint from a minister, head of a ministerial equivalent body or Government body or chairman of a people's committee and the complainant disagrees with [such decision], the complainant shall have the right to initiate legal action at a court in accordance with law.

Article 53. Dealing with breaches of law during the equitization process

1. Any organization or individual in breach of the provisions of this Decree or of other laws on equitization shall, depending on the nature and seriousness of the breach, be subject to disciplinary action, administrative penalty or prosecution for criminal liability; and must pay compensation for loss and damage caused (if any) in accordance with law.

2. Any person abusing his or her position and powers to obstruct the process of equitization; to harass or cause trouble for any organization or individual during equitization; failing to promptly resolve any request from an organization or individual in accordance with law; or failing to perform other official duties stipulated by law shall, depending on the nature and seriousness of the breach, be subject to disciplinary action or prosecution for criminal liability.

3. Penalties for administrative breaches shall be applied in accordance with the law on penalties for administrative breaches and other relevant laws such as penalties for administrative breaches in the accounting and securities sectors.