Chapter VIII
SETTLEMENT OF COMPLAINTS AND DENUNCIATIONS, HANDLING
OF VIOLATIONS
Section 1. COMPLAINTS AND SETTLEMENT OF COMPLAINTS
Article 84. Complaints of individuals or organizations about civil status registration and management
Individuals, organizations (hereinafter referred to as complainants) shall have the right to complain to competent state agencies about administrative decisions of civil status registration and management agencies or administrative acts committed in civil status registration and management by officials or employees performing civil status work when they have grounds to believe that such decisions or acts are illegal and infringe upon their legitimate rights and interests.
Article 85. Settlement of complaints by commune-level People's Committee presidents
1. Commune-level People's Committee presidents shall receive and settle complaints about their administrative decisions, administrative acts or administrative acts of civil status or judicial officials in civil status registration and management.
The complaint-settling order and procedures must comply with the provisions of legislation on complaints; concretely as follows:
Within 10 days after the receipt of complaints which fall under their respective settling jurisdiction, commune-level People's Committee presidents must accept them for settlement and notify such in writing to the complainants.
Where the complaints are not accepted, they must notify such in writing and clearly state the reasons therefore.
2. The time limit for settlement of a complaint shall not exceed 30 days as from the date of receipt thereof; for complicated cases and matters, such time limit shall not exceed 45 days.
For deep-lying, remote, difficult-to-access regions, the complaint-settling time limit shall not exceed 45 days after the receipt of complaints for settlement; for complicated cases or matters, such time limit can be prolonged but shall not exceed 60 days after the receipt of complaints for settlement.
3. The settlement of complaints must be expressed in the form of complaint-settling decision.
Before issuing decisions on complaint settlement, commune-level People's Committee presidents must meet and have direct talks with complainants and complained persons in order to clarify the complained contents, the complainants' demands and the direction for settlement of complaints.
4. If within 30 days after the expiry of the time limits for settlement specified in Clause 2 of this Article the complaints are not yet settled or after the receipt of complaint settlement decisions of commune-level People's Committee presidents, the complainants disagree therewith, they may further lodge their complaints to district-level People's Committee presidents or initiate administrative cases at courts according to the provisions of law. For deep-lying, remote, difficult-to-access regions, this time limit may be prolonged but shall not exceed 45 days.
Article 86. Complaint settlement by district-level People's Committee presidents
1. District-level People's Committee presidents shall receive and settle complaints about their administrative decisions, administrative acts; administrative acts of officials of Justice Sections in civil status registration and management; settle civil status complaints which have been settled by commune-level People's Committee presidents but are further lodged.
2. The time limit, order and procedures for settlement of first-time complaints shall comply with the provisions of Article 85 of this Decree.
3. The order and procedures for settlement of subsequent complaints shall comply with the provisions of law on complaints, concretely as follows:
a/ Within 10 days after the receipt of complaints which fall under their settling jurisdiction, district-level People's Committee presidents must accept them for settlement and notify such in writing to the complainants.
If not accepting the complaints, they must notify such in writing and clearly state the reasons therefor.
The complaint settlement must be expressed in the form of complaint-settling decision.
The persons who settle subsequent complaints must meet and have direct talks with the complainants and the complained persons in case of necessity.
b/ The time limit for settlement of a subsequent complaint shall not exceed 45 days after the receipt thereof for settlement; for complicated cases or matters, this time limit can be prolonged but shall not exceed 60 days after the receipt of the complaint for settlement.
In deep-lying, remote, difficult-to-access regions, the time limit for settlement of subsequent complaints shall not exceed 60 days after the receipt thereof for settlement; for complicated cases or matters, this time limit can be prolonged but shall not exceed 70 days after the receipt of complaints for settlement.
c/ If within 30 days after the expiry of the time limits specified in Clause 3 of Article 86 the complaints are not yet settled or after the receipt of decisions on settlement of the first-time complaints the complainants disagree therewith, they may lodge their complaints to persons competent to further settle the complaints, except where such complaint settlement decisions are final. For deep-lying, remote, difficult-to-access regions, this time limit can be prolonged but shall not exceed 45 days.
4. For complaints falling under the settling jurisdiction of subordinates agencies which have, however, not yet been settled even when the prescribed time limit has expired, the heads of their superior agencies shall request the subordinates to settle them.
Article 87. Complaint settlement by directors of provincial/municipal Justice Services
1. Directors of provincial/municipal Justice Services shall receive and settle complaints about their administrative decisions and/or administrative acts; administrative acts of civil status officials of provincial/municipal Justice Services in civil status registration and management.
2. The time limit, order and procedures for settlement shall comply with the provisions of Article 85 of this Decree.
Article 88. Complaint settlement by presidents of provincial-level People's Committees
1. Provincial-level People's Committee presidents shall receive and settle civil status complaints which have been settled by district-level People ’s Committee presidents but are further lodged.
2. The time limit, order and procedures for complaint settlement by provincial-level People's Committee presidents shall comply with the provisions of Clauses 3 and 4 of Article 86 of this Decree.
3. Complaint settlement decisions of provincial-level People's Committee presidents shall be final.
Article 89. Complaint settlement by the Justice Minister
1. The Justice Minister shall receive and settle civil status complaints which have been settled by provincial/municipal Justice Service directors but are still further lodged; re-examine final complaint settlement decisions of provincial-level People's Committee presidents to see if they breach the laws, causing damage to the interests of the State, the legitimate rights and interests of citizens, agencies or organizations at the request of the Inspector General.
2. The order, procedures and time limit for complaint settlement by the Justice Minister shall comply with the provisions of Clauses 3 and 4, Article 86 of this Decree.
3. Complaint-settlement decisions of the Justice Minister shall be final.
Section 2. DENUNCIATIONS AND SETTLEMENT OF DENUNCIATIONS
Article 90. Citizens' right to denounce agencies, organizations or individuals that violate laws in civil status registration and management
Citizens (hereinafter called denouncers) shall have the right to denounce to competent agencies, organizations or individuals law-breaking acts of civil status registration bodies or officials or employees performing civil status work, which have caused damage or threaten to cause damage to the legitimate interests of their own or of other persons.
Article 91. Receipt of denunciations
Denouncers must file their written denunciations with agencies, organizations or individuals competent to settle denunciations. Written denunciations must clearly state the full names and addresses of the denouncers, denounced persons, denounced bodies, and the denunciation contents. Where denouncers personally come to make denunciations, responsible persons shall receive and must clearly write the denunciation contents, the full names and addresses of the denouncers, denounced persons and denounced bodies. The records of denunciation contents must be signed for certification by the denouncers.
Article 92. Competence to settle denunciations
1. Commune-level People's Committee presidents shall receive and settle denunciations against law-breaking acts committed by civil status judicial officials in civil status registration and management.
2. District-level People's Committee presidents shall receive and settle denunciations against law-breaking acts committed by presidents or vice-presidents of commune-level People's Committees, officials of the district-level Justice Sections who are assigned to take charge of civil status work in civil status registration and management.
3. Provincial/municipal Justice Service directors shall receive and settle denunciations against law-breaking acts committed by civil status officials of provincial/municipal Justice Services in civil status registration and management.
4. Provincial-level People's Committee presidents shall receive and settle denunciations against law-breaking acts committed by leaders of provincial/municipal Justice Services, leaders of district-level People's Committees who are assigned to take charge of civil status work in civil status registration and management.
5. Heads of immediate superior agencies or organizations of denunciation settlers shall receive and further settle denunciations which have been settled but the denouncers have grounds to believe that the settlement thereof are unlawful and further denounce them.
Article 93. Order and procedures for settlement of denunciations
The order and procedures for settlement of denunciations shall comply with the provisions of the Law on Complaints and Denunciations as well as legal documents guiding the implementation thereof.
Section 3. HANDLING OF VIOLATIONS IN CIVIL STATUS REGISTRATION AND MANAGEMENT
Article 94. Handling of violations committed by public employees competent to perform civil status registration and management
1. Persons having competence for civil status registration and management who have acted due to lack of responsibility or deliberately against the provisions of this Decree and other legal documents on civil status may, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability; if causing damage, they must pay compensations therefore according to the provisions of law.
2. The disciplining and determination of material liabilities of public employees for their law violations in civil status registration and management shall comply with the general provisions of law on decentralization of personnel management, on job severance regime applicable to public employees as well as on disciplining and material liabilities of public employees.
3. In cases where violating employees have been disciplined but it is deemed that if they are let to continue with civil status work, the prestige of agencies shall not be ensured, such employees must be posted to other jobs.
4. If signs of a crime are detected in the course of disciplining public employees, the persons competent to discipline shall propose competent bodies to examine their penal liabilities.
Article 95. Handling of violations committed by civil status registration applicants
1. Those civil status registration applicants who commit deceptions in civil status registration may, depending on the seriousness of their violations, be administratively sanctioned or examined for penal liability according to provisions of law.
2. Individuals or organizations that have the responsibility to apply for civil status registration but fail to comply with the provisions of this Decree shall be administratively sanctioned according to the provisions of law on sanctioning of administrative violations.
Tìm kiếm
Nghị định 158/2005/NĐ-CP (Bản Word)