Chương II: Nghị định 124/2020/NĐ-CP quy định chi tiết một số điều và biện pháp thi hành Luật Khiếu nại 2011 Khiếu nại, cử người đại diện trình bày khiếu nại và trách nhiệm của cơ quan, tổ chức, cá nhân trong việc phối hợp xử lý trường hợp nhiều người cùng khiếu nại về một nội dung

Chapter II

COMPLAINTS, DESIGNATION OF COMPLAINANT’S REPRESENTATIVE AND RESPONSIBILITIES OF RELEVANT ENTITIES IN COOPERATION IN HANDLING COMPLAINTS BY MULTIPLE COMPLAINANTS

Section 1. COMPLAINTS, DESIGNATION OF COMPLAINANT’S REPRESENTATIVE

Article 3. Forms of complaint

1. Forms of complaint are specified in clause 1, clause 2 Article 8 of the Law on Complaints. The complaint is made in accordance with Form No. 01 hereto appended.

2. Where a complainant makes a complaint in person, the recipient of complaint shall guide the complainant to write a complaint or the recipient records the grievance in writing using Form No. 01 hereto appended.

Article 4. Second complaint

1. Within 30 days after expiry of complaint-handling time limit as specified in Article 28 of the Law on Complaints, if the first complaint remains unresolved or the complainant, after receiving the decision on first complaint handling, does not feel the complaint has been settled to his/her satisfaction, he/she may file the second complaint to the second complaint-handling person; regarding remote and isolated areas, the time limit may extend but not longer than 45 days.

If making the second complaint, the complainant shall file the second complaint together with the decision on first complaint handling, and supporting documents to the second complaint-handling person.

2. Upon expiry of the given time limit, if the first complaint remains unresolved, the complainant may file the second complaint with the second complaint-handling person, stating reasons and enclosing supporting documents of the complaint. The second complaint-handling person shall accept the complaint and proceed the procedures for handling of second complaint. The decision made by this person in this case is the decision on second complaint handling.

3. The second complaint-handling person shall take actions against the first complaint-handling person if finding any violation of law.

Article 5. Representative of complainant

1. The complainant may, on their own or authorizing a lawyer, legal aid provider or another person with full legal capacity, file a complaint. If the complainant is a minor or legally incapacitated person, his/her legal representative shall file a complaint. The representative shall be determined as per civil law.

2. Corporate shall file a complaint through their legal representatives. The representative of the corporate may authorize a lawyer or another person with full legal capacity to file a complaint.

3. The authorization mentioned in clause 1, clause 2 of this Article must be made in writing and certified or notarized. The principal (in the letter of authorization) may authorize the complaining right to one or more authorized people with respect to varied contents of authorization but may not authorize the same content of authorization to multiple authorized people. The letter of authorization is made in accordance with Form No. 02 hereto appended.

4. If the complainant, while pursuing the complaint, dies with an heir of his/her rights and obligations as per the law, the heir may have the complaining right; the heir, upon filing the complaint, has to provide proof of right of inheritance for the complaint-handling bodies. The complainant may, on their own or authorizing a lawyer, legal aid provider or another person with full legal capacity, file a complaint. In case of multiple heirs, they may authorize another heir, a lawyer, legal aid provider or another person with full legal capacity to file a complaint.

Article 6. Designation of spokepersons in a complaint by multiple complainants

1. In a complaint by multiple complainants, spokeperson(s) must be designated. The spokeperson must be the complainant.

2. The spokeperson shall be designated as follows:

a) In case of 5 to 10 complainants, up to 2 spokepersons shall be designated;

b) In case of 11 complainants or more, additional spokepersons may be designated but no more than 5 spokepersons.

Article 7. Letter of designation of spokeperson

1. The spokeperson shall be designated as prescribed in point a, point b clause 4 Article 8 of the Law on Complaints and made in writing.

2. A letter of designation of spokeperson must at least contain:

a) Date;

b) Full name, address of spokeperson;

c) Content and scope of authorization;

d) Signatures or fingerprints of complainants;

dd) Others (if any).

3. The spokeperson must take legal responsibility for his/her authorization.

Section 2. RESPONSIBILITIES OF RELEVANT ENTITIES IN COOPERATION IN HANDLING COMPLAINTS BY MULTIPLE COMPLAINANTS

Article 8. Responsibilities of relevant entities in cooperation in handling complaints by multiple complainants in commune

1. In case of a complaint by multiple complainants in commune, ward, or town (hereinafter referred to as commune), the President of People’s Committee of commune shall:

a) Designate an officer to listen to representation of the spokepersons of the complainants. In case of a delicate complaint, the President of People’s Committee of commune shall take charge and cooperate with Fatherland Front and relevant socio-political organizations to listen to the representation of the spokepersons of the complainants.

b) Direct the commune police to keep public security at the place where multiple complainants gather;

c) Persuade and guide the complainants to make the complaint as per the law.

2. The chief of commune police shall take charge and cooperate with security staff and civil defense forces in keeping public security at the place where multiple complainants gather; and take actions against violations as per the law.

3. The President of People’s Committee of commune, within his/her jurisdiction, shall handle the complaint as per complaining law; if the complaint does not fall within his/her jurisdiction, the President shall guide the complainants to the competent authority.

Article 9. Responsibilities of relevant entities in cooperation in handling complaints by multiple complainants in district

1. The head of the agency where the complainants gather must designate an officer to or personally work with the spokepersons of the complainants and listen to the complaint. The head of the foregoing agency, within his/her jurisdiction, shall handle the complaining matter as per complaining law; if the complaining matter does not fall within his/her jurisdiction, the head shall guide the complainants to the competent authority.

2. The head of citizen reception board of district where the complainants gather shall:

a) Take charge or advise the People’s Committee of suburban district, urban district, district-level town, or provincial-affiliated city (hereinafter referred to as district) to work with the spokepersons of the complainants.

b) When necessary, request the President of People’s Committee of commune where the complaining matter arises and relevant organizations to provide information and documents related to the complaining matter or designate a responsible person to work with the spokepersons of the complainants.

c) Supervise and urge the President of People’s Committee of commune to handle the complaint referred by the citizen reception board of district.

3. The President of People’s Committee of district shall personally or designate a responsible person to work with the spokepersons of the complainants to listen to the complaint details; and follow the complaint-handling procedures as per the law.

4. The chief of district police shall keep the public security and deal with violations of law.

5. The heads of relevant agencies shall provide information and documents related to the complaining matter; and work with the spokepersons of the complainants at the request of the complaint-handling person.

Article 10. Responsibilities of relevant entities in cooperation in handling complaints by multiple complainants in province

1. The head of the agency where the complainants gather must designate an officer to or personally work with the spokepersons of the complainants and listen to the complaint. The head of the foregoing agency, within his/her jurisdiction, shall handle the complaint as per complaining law; if the complaint does not fall within his/her jurisdiction, the head shall guide the complainants to the competent authority.

2. The head of citizen reception board of province shall:

a) Take charge or advise the People’s Committee of province or central-affiliated city (hereinafter referred to as province) to work with the spokepersons of the complainants;

b) When necessary, request the President of People’s Committee of district where the complaining matter arises or designate a responsible person to work with the spokepersons of the complainants;

c) Request relevant entities to provide information and documents related to the complaining matter and work with the spokepersons of the complainants;

d) Supervise and urge the President of People’s Committee of district to handle the complaint referred by the citizen reception board of province.

3. The chief of province police, director of provincial police department shall keep the public security and deal with violations of law.

4. The President of People’s Committee of province shall personally or designate a responsible person to work with the spokepersons of the complainants to listen to the complaint details; and follow the complaint-handling procedures as per the law.

5. The heads of relevant agencies shall provide information and documents related to the complaining matter; and work with the spokepersons of the complainants at the request of the complaint-handling person.

Article 11. Responsibilities of relevant entities in cooperation in handling complaints by multiple complainants to central agencies

1. The head of the agency where the complainants gather must designate an officer to or personally work with the spokepersons of the complainants and listen to the complaint. The head of the foregoing agency, within his/her jurisdiction, shall handle the complaint as per complaining law; if the complaint does not fall within his/her jurisdiction, the head shall guide the complainants to the competent authority.

2. The head of citizen reception board of central agencies shall:

a) Take charge and cooperate with the representative of central agency and competent person of the People's Committee of province where the complaining matter arises in working with the complainants;

b) When necessary, request the President of People’s Committee of province where the complaining matter arises or designate a responsible person to work with the spokepersons of the complainants;

c) Request relevant entities to provide information and documents related to the complaining matter and work with the spokepersons of the complainants;

d) Supervise and urge the President of People’s Committee of province to handle the complaint referred by the citizen reception board of central agencies;

dd) Cooperate with the President of People’s Committee of province in convincing the complainants to return to their localities.

3. The President of People’s Committee of province where the complaining matter arises shall:

a) Personally or designate a responsible person to cooperate with the citizen reception board of central agencies and relevant authorities in working with the spokeperson of the complainants:

b) Provide information and documents related to the complaining matter at the request of competent persons:

c) Handle the complaint under his/her jurisdiction or direction of authority in charge of complaint-handling as per the law;

d) Convince or somehow let the complainants return to their localities.

4. The police of commune, district, or province where the complainants gather shall keep the public security and deal with violations of law.

5. The heads of relevant agencies shall provide information and documents related to the complaining matter at the request of the complaint-handling person; work with the complainants and handle the complaints in respect of their sectors or fields of management upon request.

Article 12. Responsibilities of the Inspector-General, the Minister of Public Security, the President of People’s Committee of Hanoi City and the President of People’s Committee of Ho Chi Minh City

1. Within the scope of their duties and powers, the Inspector-General, the Minister of Public Security shall implement, guide, inspect and urge the President of People’s Committees, police authorities, inspection authorities and relevant agencies to handle complaints by multiple complainants.

2. The President of People’s Committee of Hanoi City and the President of People’s Committee of Ho Chi Minh City shall cooperate with the Inspector-General, the Minister of Public Security, the citizen reception board of central agencies in Hanoi City and Ho Chi Minh City and relevant agencies to handle complaints by multiple complainants upon request.