Chương 4 Nghị định 120/2005/NĐ-CP : Giải quyết khiếu nại, tố cáo

CHAPTER IV

COMPLAINTS AND DENUNCIATIONS

Article 57 Complaints and denunciations

1. Any organization or individual being dealt with for a breach of the laws on competition or the legal representative of such organization or individual shall have the right to lodge a complaint with the competent body about a decision dealing with a competition case or a decision dealing with a breach of other provisions of the laws on competition issued by a council dealing with a competition case or by the administrative body for competition where there are grounds for believing such decision is contrary to law or infringes the complainant's lawful rights and interests.

2. Any organization or individual being subject to an administrative preventive measure or the legal representative of such organization or individual shall have the right to lodge a complaint with the competent body about such measure applied by the chairman of the Competition Council or by the head of the administrative body for competition where there are grounds for believing such decision is contrary to law or infringes the complainant's lawful rights and interests.

3. All citizens shall have the right to make a denunciation with the competent body about a breach of the law during the process of dealing with breaches of the laws on competition where the breach causes loss or threatens to cause loss to the interests of the State or to the lawful rights and interests of a body, organization or individual.

4. Any organization or individual making a false complaint or denunciation which harms the reputation of the entity complained about or of the person denounced shall be dealt with in accordance with law.

Article 58 Resolution of complaints about decision dealing with competition case of council dealing with case or of administrative body for competition

Resolution of complaints about decisions dealing with competition cases of councils dealing with competition cases or of the administrative body for competition shall be implemented in accordance with Section 7 of Chapter V of the Law on Competition and with the provisions in Section 10 of Chapter III of Decree 116-2005-ND-CP of the Government dated 15 September 2005 providing detailed regulations for implementation of a number of articles of the Law on Competition.

Article 59 Resolution of complaints about decisions dealing with breaches of other provisions of laws on competition and about decisions imposing administrative preventive measures

Resolution of complaints about decisions dealing with breaches of other provisions of the laws on competition and about decisions imposing administrative preventive measures shall be implemented in accordance with the law on complaints and denunciations.

Article 60 Resolution of denunciations

Resolution of denunciations by citizens about breaches of law during the process of dealing with breaches of the laws on competition shall be implemented in accordance with the law on complaints and denunciations.

Article 61 Institution of administrative court proceedings

1. If the parties concerned disagree with a decision resolving a complaint by the competent body pursuant to article 58 of this Decree, they shall have the right to institute administrative court proceedings in respect of all or a part of such decision in accordance with article 115 of the Law on Competition.

2. If the parties concerned disagree with a decision resolving a complaint by the competent body pursuant to article 59 of this Decree, they shall have the right to institute administrative court proceedings in respect of all or a part of such decision in accordance with the law on complaints and denunciations and the procedures for resolution of administrative court proceedings.