Chương 6 Nghị định 37/2005/NĐ-CP: Khiếu nại, tố cáo, khởi kiện hành chính, khen thưởng và xử lý vi phạm

Chapter VI

COMPLAINT, DENUNCIATION, INITIATION OF ADMINISTRATIVE LAWSUITS, COMMENDATION AND HANDLING OF VIOLATIONS

Article 43.- Complaint, denunciation, initiation of administrative lawsuits

1. Individuals or representatives of organizations subject to the application of coercive measures are entitled to lodge their complaints or initiate administrative lawsuits against the application of coercive measures according to law provisions.

2. All citizens are entitled to denounce illegal acts in the application of coercive measures.

3. The competence, procedures and time limits for solution of complaints, denunciations or administrative lawsuits shall comply with the provisions of the legislation on complaints and denunciations or with the provisions of the legislation on procedures for settlement of administrative cases.

Article 44.- Commendation

Individuals and organizations recording outstanding achievements in execution of administratively coercive measures shall be commended/rewarded according to the general regimes of the State; if suffering material losses, they shall get compensations therefor; if suffering from health damage or loss of life, they shall enjoy the general regimes and policies of the State.

Article 45.- Handling of violations

1. Persons who are competent to issue coercion decisions but issue decisions to illegally apply coercive measures, thus causing damage to other individuals and/or organizations shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability and pay compensations for damage caused by their illegal decisions.

2. Persons who are tasked to enforce coercion decisions but abuse their powers, act against law, commit acts beyond the coercion limits, tolerate, cover up, decline to coerce or have coerced not in time shall be disciplined or examined for penal liability; if causing material losses to the state, organizations or individuals, they must pay compensations or reimbursement according to provisions of law.

3. Those who directly commit or incite, instigate other persons to commit acts of causing public disorder or resisting officials on duty in order to obstruct coercion activities shall, depending on the seriousness of their violations, be administratively handled or examined for penal liability.