Pursuantto the 1992 Constitution of the Socialist Republic of Vietnam, which wasamended and supplemented under the Resolution No. 51/2001/QH10;
This Lawregulates on complaints and settlement of complaints against administrativedecisions or acts of state administrative agencies or competent persons inthese agencies; complaints and settlement of complaints related to disciplinarydecisions against cadres or civil servants; reception of citizens; managementand supervision of complaint settlement work.
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1. Complainmeans that a citizen, agency, organization, cadre or civil servant, accordingto the procedures prescribed in this law, requests a competent agency,organization or person to review an administrative decision or act of a stateadministrative agency or competent person in such agency, or a disciplinarydecision against a cadre or civil servant when having grounds to believe thatsuch decision or act is unlawful and infringes upon his/her/its rights andlawful interests.
2. Complainantmeans a citizen, agency, organization, cadre or civil servant who exercises theright to complaint.
3. Withdrawalof a complaint means that a complainant requests a competent agency,organization or person to terminate his/her/its complaint.
4. Agenciesor organizations entitled to complaint mean state agencies, politicalorganizations, socio-political organizations, social organizations,socio-professional organizations, economic organizations and people”s armedforces units.
5. Thecomplained subject means a state administrative agency or a competent person inthis agency that has issued an administrative decision or committed anadministrative act which is complained; a competent agency, organization orindividual that has issued a decision disciplining a cadre or civil servantwhich is complained.
7. Personswith related rights and obligations mean individuals, agencies ororganizations that are neither a complainant nor the complained subject but thecomplaint settlement is related to their rights and obligations.
8. Administrativedecision means a document which is issued by a state administrative agencyor a competent person in such agency to decide on a specific issue in stateadministration management activities and is applied once to one or severalspecific subjects.
9. Administrativeact means an act of a state administrative agency or a competent person insuch agency of performing or failing to perform a task or official duty asprescribed by law.
10. Disciplinarydecision means a written decision issued by the head of an agency ororganization in order to apply one of forms of disciplining against a cadre orcivil servant under his/her management under the law on cadres and civilservants.
11. Complaintsettlement means the acceptance, verification, conclusion and issuance of adecision on complaint settlement.
1. Complaintsof foreign agencies, organizations and individuals in Vietnam and settlement ofthese complaints comply with this Law, unless otherwise provided for by treatiesto which the Socialist Republic of Vietnam is a contracting party.
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2. Complaintsand settlement of complaints against administrative decisions or administrativeacts in public non-business units and state enterprises comply with this Law.
3. Based onthis Law, competent bodies of political organizations, socio-politicalorganizations, social organizations and socio-professional organizations guidescomplaints and settlement of complaints within their bodies or organizations.
4. Based onthis Law, the Supreme People”s Court, Supreme People”s Procuracy, State Audit,National Assembly Office, President Office and other state agencies regulatecomplaints and settlement of complaints within their agencies.
5. In case anotherlaw otherwise provides for complaints and settlement of complaints, such lawwill prevail.
The makingcomplaints and settlement of complaints must comply with law; ensure objectiveness,publicity, democracy and timeliness.
1. Agencies,organizations and individuals shall, within the scope of their functions, tasksand powers, promptly and lawfully receive and settle complaints and strictlyhandle offenders; apply necessary measures to prevent potential damage; assurefor complaint settlement decisions to be strictly executed and takeresponsibility before law for their decisions.
2. Concernedagencies and organizations shall coordinate with competent agencies,organizations and individuals in settling complaints; supplying information anddocuments relating to complaints at the request of these competent agencies,organizations and individuals.
3. Agencies,organization and individuals shall check and review their administrativedecisions or acts or disciplinary decisions, and promptly modify or remedythese decisions or acts that are illegal, to avoid arising complaints.
The Stateencourages reconciliation of disputes among agencies, organizations andindividuals before competent agencies, organizations or persons settle suchdisputes.
1.Obstructing or causing troubles to persons exercising the right to complain;threatening, revenging or retaliating complainants.
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2. Showingirresponsibility in settling complaints; refusing to settle complaints;falsifying information, documents and dossiers of complaint case; intentionallysettling complaints at variance with law.
