Chapter VIII
COMPLAINTS AND DENUNCIATIONS
Article 87.- Complaints on the application of preventive measures against violations of administrative regulations, and the ensuring of the handling of violations of administrative regulations
1. The individuals and organizations that are subject to measures stipulated in Articles from 39 to 44 of this Ordinance or their legitimate representatives have the right to lodge complaints to the authority immediately above the authority that issues the decision to apply these measures.
2. The authority that receives the complaints shall consider and handle them and, within five days from the reception of the complaints, reply in writing to the complainants.
Article 88.- Complaints on the decisions on administrative sanction
1. The individuals and organizations that are sanctioned administratively or their legitimate representatives have the right to complain to the sanctioning authority within ten days from the reception of the decision.
Within fifteen days from the reception of the complaint, the complained is responsible to handle and respond in writing to the complainant. In the event the complainant does not agree with the settlement of his/her complaint, he/she has the right to lodge his/her complaint to the authority immediately above the sanctioning authority within three days from the reception of the settlement decision. Within twenty days from the reception of the complaint, the authority immediately above the sanctioning authority is responsible to settle and reply in writing to the complainant, and this settlement decision is final.
The complaint against complaint-settling decisions by the Presidents of the provincial People's Committees, ministerial Department Directors, Specialized Inspectors and Heads of ministerial inspection bodies shall be channeled to Ministers, Heads of agencies at ministerial level or Heads of agencies attached to the Government which perform State management function over branches and fields of operation. Within thirty days from the reception of the complaint, the Ministers, the Heads of the agencies at ministerial level or the Heads of the agencies attached to the Government shall have to complete the review, make the conclusion and reply in writing to the complainant. In the event this conclusion differs from the earlier-decided settlement of the complaint, within seven days from the reception of the conclusion, the authority that issues the earlier settlement decision shall have to complete the reconsideration and change the decision according to the conclusion of the Minister, or the Head of the agency at ministerial level, or the Head of the agency attached to the Government in charge of the branch or field of operation. This new decision is final. In the event the President of the provincial People's Committee does not agree with the conclusion of the Minister, or the Head of the agency at ministerial level, or the Head of the agency attached to the Government, he/she may lodge a complaint to the General State Inspector. Within forty-five days from the reception of the complaint, the General State Inspector shall have considered and taken decision on the complaint. The decision of the General State Inspector is final.
2. The complaint against a decision on administrative sanction shall not suspend its execution except when it orders the dismantlement of an allegedly unauthorized construction project.
3. The settler of the complaint may issue one of the following decisions:
a) To retain the sanction decision;
b) To change the form, level and measure of the sanction;
c) To rescind the sanction decision.
4. In the event the settler of the complaint decides to change the form, level and measure of the sanction, or to rescind the sanction decision, he/she may decide the compensation as well the direct indemnification (if any) in accordance with the provision of law.
In the event the complainant does not agree with the decision on compensation or indemnification, he/she may request the Court to proceed with the case according to the procedure of civil proceedings.
Article 89.- Complaints against the decision to apply other administrative measures
1. The person who is sent to an approved school, a re-education institution or a medical center, or put on administrative probation, or his/her legitimate representative, has the right to lodge his/her complaint within ten days from the reception of the decision to the President of the provincial People's Committee who has issued it.
In the event the complainant does not agree with the settlement of his/her complaint by the President of the provincial People's Committee, he/she may lodge a complaint to the Minister of the Interior against the decision which sent him/her to the approved school or the re-education institution, or which imposed administrative probation on him/her; or to the Minister of Labor, War Invalids and Social Affairs on the decision which sent him/her to the medical center. Within forty-five days from the reception of the complaint, the Minister of the Interior or the Minister of Labor, War Invalids and Social Affairs is responsible for settling the complaint and replying in writing to the complainant. The complaint-settlement decision of the Minister of the Interior, or of the Minister of Labor, War Invalids and Social Affairs, is final.
2. The complaint against the decision to send a person to approved school, re-education institution, medical center or to place him/her on administrative probation, shall not suspend the execution of the decision.
3. The complaint-settling authority may issue one of the following decisions:
a) To retain the sanction decision;
b) To change the term for application of administrative measures;
c) To rescind the sanction decision.
Article 90.- Settlement of denunciation
1. The denunciation against an unlawful behavior of an authority in handling violations of administrative regulations shall be considered and settled directly by his/her immediate superior.
2. Upon receiving the denunciation, the authorized person shall consider and handle it promptly and issued a written response on it within fifteen days, or thirty days for complicated cases, from the reception of the denunciation.
Tìm kiếm
Pháp lệnh xử lý vi phạm hành chính năm 1995 (Bản Word)