Law 02/2011/qh13: Complaints

Original Language Title: Luật 02/2011/QH13: Khiếu nại

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Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 was revised, some additional articles by resolution No. 51/2001/QH10;

Congress enacted the law on complaints, chapter I GENERAL PROVISIONS article 1. Scope this law regulations on complaints and resolve complaints against administrative decisions, administrative acts of the State administration, of the authority in the State administrative organs; the complaint and the complaint resolution decision to discipline public servants; next to the citizens; manage and supervise the complaints.

Article 2. Explain the wording in this law, the terms below are interpreted as follows: 1. The complaint is that the citizens, agencies, organizations or public officers under the procedure prescribed by this Law, suggested the Agency, organization or individual has the authority to review administrative decisions, administrative acts of the State administrative bodies , by who has the authority in State administrative bodies or disciplinary officers, public servants when grounded for that decision or behaviour that is contrary to law, infringe the rights, legitimate interests.

2. The complainant's citizens, agencies, organizations or public officials make the right to complain.

3. Withdraw the complaint is that the complainant suggested the Agency, organization or individual has the authority to terminate his complaint.

4. Agencies, organizations have the right to complain is to State agencies, political organizations, social-political organizations, social organizations, social-professional organization, economic organization, the people's armed units.

5. The person who complained is the State administrative bodies or competent person in the State administrative agencies have administrative decisions, administrative acts complained of; agencies, organizations, individuals have the authority has decided to discipline the officers, servants complained.

6. The complaint resolution is the Agency, organization or individual has the authority to resolve the complaint.

7. Who has the right, the relevant obligation is individual, agency or organization that is not the complainant, who was complaining but the resolution of complaints related to rights, obligations of them.

8. the administrative decision is written by the State administrative authority or competent person in State administrative bodies issued in order to decide on a particular problem in the operation of State administrative management be applied once for one or more specific objects.

9. administrative acts are acts of the State administration, of the authority in the State administrative organs performing or not performing public service tasks as defined by the law.

10. The decision to discipline is the written decision of the head of the agency or organization to adopt one of the forms of discipline for officials and civil servants in its management rights in accordance with the law on public officials.

11. Complaint resolution is the acceptance, verification, the conclusion and the decision to resolve the complaint.

Article 3. Application of the law on complaints and complaint resolution 1. The Agency's complaint, the Organization, foreign individuals in Vietnam and the resolution of complaints to be applied under the provisions of this law, except in the case of international treaties to which the Socialist Republic of Vietnam is a member otherwise.

2. Complaints and resolve complaints against administrative decisions, administrative acts of the State, State enterprises are applied according to the provisions of this law.

The Government detailing this clause.

3. Pursuant to this law, the competent authorities of the political organization, social-political organizations, social organizations, social-professional organization guidelines the complaints and complaint resolution within the Agency, his organization.

4. Pursuant to this law, the Supreme People's Court, the Supreme People's Procuratorate, the State Audit Office, the Congress, the President's Office and other agencies of State regulation the complaint and resolve complaints within his agency.

5. in case of other laws have provisions on complaints and complaint resolution shall apply in accordance with the law.

Article 4. Principles of complaints and complaints complaints and complaints must be made in accordance with the law; ensuring objectivity, openness and timely.

Article 5. Complaints and responsibility to coordinate complaints 1. Agencies, organizations, individuals in the scope of the functions, duties, their powers are responsible for receiving, solving timely legal complaints, strict processing violators; adopt the necessary measures to prevent the damage that can occur; secure the complaint resolution decision be enforced strictly and be responsible before the law for his decision.

2. Bodies, relevant organizations have a responsibility to coordinate with agencies, organizations, individuals with authority in resolving the complaint; to provide information and documents relevant to the complaint at the request of the Agency, organization, individual.

3. Agencies, organizations, individuals have a responsibility to check, a review of administrative decisions, administrative acts, decisions of his discipline; If contrary to law to promptly repair, fix, avoid complaints arise.

The State encourages the mediation of disputes between the agencies, organizations and individuals before the Agency, organization or individual has the authority to resolve the dispute.

Article 6. The prohibited acts 1. Hinder, troubling for the implementation of the right to complain; bullying, revenge, retaliation complaints.

2. Lack of responsibility in resolving the complaint; no complaints; falsify the information, documents and records service complaints; deliberately unlawful claims resolution.

3. The decision to resolve the complaint by decision form.

4. Cover for people with complaints; unlawful intervention in resolving the complaint.

5. Intentionally false claims;

6. Provoke, incited, forced, seduce, bribe, entice others gathering complaints, disturbing public order and security.

7. Taking advantage of the complaint to the propaganda against the State, violated the interests of the State; distort, slander, threaten, offend the honor, reputation of the agencies, organizations, who are responsible for resolving a complaint, the duty of the public service, on the other.

8. further rules violations of citizens;

9. Violate the provisions of the law on complaints and complaint resolution.

Chapter II APPEAL ADMINISTRATIVE DECISIONS, ADMINISTRATIVE ACTS APPEAL article 7 section 1. The sequence of complaints 1. When there is evidence that the administrative decisions, administrative acts are unlawful, infringing directly to the right, the legitimate interests of the complainant to complain first to the person who has the administrative decision or who had administrative acts or administrative case litigated in court under the provisions of the law on administrative proceedings.

The case the complainant does not agree with the decision to settle the first time or too prescribed time limit that the complaint is not resolved the complaint the second time to the heads of superior authority to resolve the complaint the first time or starting the administrative lawsuits in Federal Court under the provisions of the law on administrative proceedings.

The case the complainant does not agree with the decision to appeal or the expiry of the second rule that complaints not resolved then has the right to sue the Government case in court under the provisions of the law on administrative proceedings.

2. With regard to administrative decisions, administrative acts of Ministers, heads of ministerial agencies, heads of government agencies (hereafter referred to as the Secretary), the complainant complained to the Secretary or administrative case litigated in court under the provisions of the law on administrative proceedings. 

The case the complainant does not agree with the decision to settle complaints by the Secretary or the too defined period that complaints not resolved then has the right to sue the administrative lawsuits in the courts under the provisions of the law on administrative proceedings.

3. With regard to administrative decisions, administrative acts of the President of the provincial people's Committee, the central cities (hereafter referred to as the provincial level) then the complainant first complaint to the President of the provincial people's Committee or the administrative case litigated in court under the provisions of the law on administrative proceedings.

The case the complainant does not agree with the decision of the first appeal Committee Chairman provincial people or expiry of the regulation that the complaint is not resolved the complaint the second time to the Minister of industry, the field of management or administrative case litigated in court under the provisions of the law on administrative proceedings.

The case the complainant does not agree with the decision to settle for the second of the Minister or the expiry of the provisions that the complaint is not resolved then has the right to sue the Government case in court under the provisions of the law on administrative proceedings.

Article 8. Form of the complaint 1. The complaint was made by a complaint or complaints directly.

2. where a complaint is made by a single stroke in the complaint must indicate the day, month and year of the complaint; name, address of the complainant; the Agency's name, address, organization, individuals complained of; the content, why complain, documents relating to the content of the complaint and the request addressed by the complainant. The complaint must be signed by the complainant or the point only.

3. in case the complainant to complain directly the person receiving the complaint the complainant's guide written complaints or who receive record the complaint in writing and require the complainant to sign or point only confirmed in writing, in which clearly the content as defined in paragraph 2 of this Article.

4. for many of the same complaints about a content, then do the following:


a) case many direct complaints to the competent agencies and organizations guide the complainant send representatives to present the content of the complaint; the person receiving the complaint record the complaint in writing, in which clearly the content as defined in paragraph 2 of this Article. The many complaints made under the provisions of Chapter V of this law;

b) many cases of complaints by simple in the application must specify the content specified in paragraph 2 of this article, signed by the complainant and to representatives to present when required by the complaint resolution;

c) detailing the Government account.

5. where the complaint is made through a representative, the representative must be one of those complaints, there is evidence of the legitimacy of representation and made a complaint under the provisions of this law.

Article 9. Time limits complaints time complaint is 90 days from the date of the administrative decision or know the administrative decisions, administrative acts.

The case the complainant does not make the right to complain under the right time because of sickness, natural disasters, pest, a business trip, study in remote places or because of objective obstacles others had time that obstacles are not calculated in the time of the complaint.

Article 10. Withdrawal of the complaint the complainant may withdraw the complaint at any time during the complaint process and resolve complaints; the withdrawal of the complaint must be made by petition signed or the complainant's only point; application to withdraw a complaint must be sent to the person who has the authority to resolve the complaint.

Who has the authority to resolve the complaint upon receipt of an application to withdraw a complaint shall suspend the resolution and notified in writing to the complainant about the suspension of complaint resolution.

Article 11. The complaints are not accepting the complaint resolution in one of the following cases are not accepting the settlement: 1. administrative decisions, administrative acts of the State bodies internal to steer the Organization, tasks, public service; administrative decisions, administrative acts in the direction of the superior administrative authority to subordinate administrations; administrative decision contains the legal agency, organization or individual has the authority to enact the following sequence of procedures and legislation promulgated legal documents; administrative decisions, administrative acts in the scope of State secrets in the fields of Defense, security, Foreign Affairs by category due to government regulations;

2. administrative decisions, administrative acts complained of are not directly related to the rights, legitimate interests of the complainant;

3. The complainant does not have the capacity for civil acts in full without a legal representative;

4. no legal representative made a complaint;

5. A complaint not signed or the complainant's only point;

6. Time limits, the time limit for appeal has expired without good reason;

7. Complaints had decided to solve the complaint for the second;

8. is there a written notice suspend the resolution claims that after 30 days the complainant does not continue to complain;

9. Complaints have been accepting the Court or has been resolved by the judgment, the decision of the Court, except for the decision to suspend the case's administrative court.

Section 2 rights, OBLIGATIONS of the COMPLAINANT, who COMPLAINED of and of LAWYERS, LEGAL STAFF ASSISTANCE article 12. Rights, obligations of the complainant 1. The complainant has the following rights: a) himself to complain.

The case the complainant is a minor, who lost the capacity for civil acts, the legal representative of them made the complaint;

The case the complainant sick, weak, downside or other objective reasons cannot complaint shall be authorized for the father, mother, wife, husband, brothers, siblings, children had minor or other person has the capacity for civil acts sufficiently to make the complaint;

b) thanks to the lawyers advise on the laws or authorize lawyers appeal to protect the rights, legitimate interests.

The case the complainant was the legal assistance under the provisions of the law, it is thanks to the help of legal counsel staff about the law or delegated to help the legal complaint officer to protect the rights, legitimate interests;

c) participate in the dialogue or authorized legal representative to participate in the dialogue;

d) are known, read, copy, copy, document and evidence do people resolve complaints collected to resolve complaints, except for information in documents, State secrets;

DD) requires individuals, agencies, related organizations are keeping, information management, material related to the content of complaints provides information, document it for himself within 7 days from the date of the request to provide for the settlement of the complaint, unless the information in the documents, State secrets;

e) Is asking the complaints apply emergency measures to prevent the consequences that can occur due to the enforcement of administrative decisions complained of;

g) give evidence about complaints and explain his comments on that evidence;

h) Receive text answers on whether accepting the complaint resolution, decided to settle the complaint;

I) are restored the rights, legitimate interests have been violated; to compensation for damages under the provisions of the law;

k) second complaint or administrative lawsuits in the courts under the provisions of the law on administrative proceedings;

l) Withdraw a complaint.

2. The complainant has the following obligations: a) the complaint to the right person has jurisdiction;

b) honestly, giving evidence of correctness, of the complaint; providing information, documents relating to the complaint resolution; responsible before the law for the content of the presentation and the provision of information, that document;

c) Executive administrative decisions, administrative acts that his complaints during the time of the complaint, unless otherwise decided, the behavior that is temporarily suspended implementation according to the provisions of article 35 of this law;

d) accepted the complaint resolution decision has legal effect.

3. The complainant made the other rights and obligations under the provisions of the law.

Article 13. Rights, the obligation of the person with the complaint 1. People complained of have the following rights: a) give evidence of the legality of administrative decisions, administrative acts complained of;

b) are known, read, copy, copy the documents and evidence do people resolve complaints collected to resolve complaints, except for information in documents, State secrets;

c) requires individuals, agencies, related organizations are keeping, information management, material related to the content of complaints provides information, document it for himself within 7 days from the date of the request to the complaints, except information, documents in State secrets;

d) received the complaint resolution decision times two.

2. The person complained of have the following obligations: a) the dialogue participants or authorized legal representative to participate in the dialogue;

b) Executive decided to verify the content of the complaint, the Agency has the authority to resolve the complaint;

c) providing information, documents and content-related complaints, explanations about the legality, correctness of administrative decisions, administrative acts were complaining when people resolve complaints or agency, unit testing, to verify the request within 7 days from the date of the request;

d) accepted the complaint resolution decision has legal effect;

DD) modified or cancelled administrative decision, terminate the administrative acts complained of;

e) compensation, reimbursement for damage due to administrative decisions, administrative acts of his unlawful cause under the provisions of the law on liability for compensation by the State.

3. People with complaints made to the other rights and obligations under the provisions of the law.

Article 14. Rights, obligations of the first complaints 1. The first complaint resolution has the following rights: a) the complainants request, agencies, organizations and individuals to provide relevant information, documents, evidence, within 7 days from the date of the request to resolve the complaint;

b) decided to adopt, rescind the emergency measures as defined in article 35 of this law;

2. The first complaint resolution has the following obligations: a) receiving complaints and notification in writing to the complainant, the Agency, organization or individual has the authority to transfer the complaint to the State Inspection Agency and the same level about accepting the complaints against administrative decisions , administrative acts complained of;

b) resolve complaints against administrative decisions, administrative acts when the complainant requested;

c) held dialogue with the complainant, who complained of and the Agency, organization or individuals involved;

d) Sending complaints decisions for the complainant and is responsible before the law for the settlement of his complaint; the case of a complaint by the Agency, organization or individual has the authority to transfer to then to notify the results to the Agency, organization, that individual under the provisions of the law;

DD) providing information, documents and evidence related to the content of a complaint when the complainant requested; provide records resolve complaints when people resolve complaints or request Court two times.

3. The first complaint settlement compensation, reimbursement for damage due to administrative decisions, administrative acts perpetrated under the provisions of the law on liability for compensation by the State.

4. The complaints were first made of the rights, other obligations prescribed by law.

Article 15. Rights, obligations of the second grievance 1. The second complaint resolution has the following rights: a) asked the complainant, who was a complaint, agencies, organizations and individuals concerned to provide information, documents and evidence within 7 days from the date of the request to resolve the complaint;


b) decided to adopt, rescind the emergency measures as defined in article 35 of this law;

c) convening agencies, organizations and individuals concerned involved dialogue;

d) examiner referendum;

DD) consult the Advisory Council when it deems necessary.

2. The second complaint resolution has the following obligations: a) receiving, accepting, making the incident the complaint in the jurisdiction;

b) check, verify the content of the complaint;

c) held dialogue with the complainant, who complained of and the Agency, organization or individuals involved;

d) decided to settle the complaint and announced the decision to resolve the complaint;

DD) providing information, documents relating to the content of a complaint when the complainant, who complained of or the Court requires.

3. The second complaint resolution done right, other obligations prescribed by law.

Article 16. Rights, obligations of attorneys, legal staff assistance 1. Attorneys, legal staff assistance to have the following rights: a) involved in the process of complaint resolution as proposed by the complainant;

b) make the rights, the obligations of the complainant when authorized;

c) verifying and collecting evidence related to the content of the complaint according to the complainant's request and provide evidence for the complaints;

d) study the record, copy, copy the documents and evidence related to the content of the complaint in order to protect the rights, legitimate interests of the complainant, except information, documents in State secrets.

2. Lawyers, legal aid staff involved have complaint resolution the following obligations: a) card attorneys, legal staff assistance card and decide on the assignment of legal aid, the paper asks for help on legislation or authorization of the complainant;

b) make the right content, to the extent that the complainant was granted;

3. Attorneys, legal staff help implement the rights, other obligations prescribed by law.

Chapter III section 1 COMPLAINT RESOLUTION AUTHORITY to RESOLVE the COMPLAINT article 17. The authority of the President of the people's Committee of the communes, wards and towns and heads in the district people's Committee, district, town or city in the communal people's Committee Chairman, Ward, (hereinafter referred to as the social level); Heads in the district people's Committee, district, town, and city in the province (hereinafter referred to as district level) has the authority to resolve the complaint first for administrative decisions, administrative acts of himself, of his responsibility to direct management.

Article 18. The authority of the President of the people's Committee of the district level 1. The first complaints against administrative decisions, administrative acts.

2. the second appeal against administrative decisions, administrative acts of the President of the people's Committee of social, heads the people's Committee in the district level first but resolved the complaint or complaints for the first time limit has expired but not yet resolved.

Article 19. The authority of Heads of Department and agency level heads in the Department level has the authority to resolve the complaint first for administrative decisions, administrative acts of himself, of his servants, officers manage directly.

Article 20. The authority of the Director level 1. The first complaints against administrative decisions, administrative acts of himself, of his servants, officers direct management;

2. the second appeal against administrative decisions, administrative acts of the Department heads and the equivalent has settled the first but also the complaint or complaints for the first time limit has expired but not yet resolved.

Article 21. The authority of the Chairman of the provincial people's Committee 1. The first complaints against administrative decisions, administrative acts.

2. the second appeal against administrative decisions, administrative acts of the President of the people's Committee at district level, the Department Director level first but resolved the complaint or complaints for the first time limit has expired but not yet resolved.

3. Resolve disputes on jurisdiction to resolve complaints between the agencies, units of its management scope.

Article 22. The authority of Heads of Department of the Ministerial organs, government agency heads in the ministries, ministerial-level agency in the Government agencies (hereafter referred to collectively as the heads of the Ministry) have the authority to resolve complaints against administrative decisions , its administrative acts of public officials, by his direct management.

Article 23. The authority of the Minister 1. The first complaints against administrative decisions, administrative acts of himself, of his servants, officers manage directly.

2. the second appeal against administrative decisions, administrative acts of heads in the first but resolved the complaint or complaints for the first time limit has expired but not yet resolved.

3. the second appeal against administrative decisions, administrative acts of the President of the provincial people's Committee has the content of State management under the authority of the Ministry of industry, has solved the first but also the complaint or complaints for the first time limit has expired but not yet resolved.

4. resolving disputes on jurisdiction to resolve complaints between the agencies, units of its management scope.

Article 24. The authority of the Inspector General of the Government 1. Help Prime track, test, urge the ministries, ministerial agencies, government agencies, the people's Committee of the levels in the population, complaints, enforcement of the complaint resolution decision has the force of law.

2. in case of detected violations of the law on complaints detriment to the interests of the State, the rights, legitimate interests of citizens, agencies, held the Prime recommendations or recommendations people have the authority to apply the necessary measures to put an end to the violation of , considering the responsibility, dealt with the breach.

Article 25. The authority of the Chief Inspector of the level 1. Help heads of State management along the level tested, verified, the conclusions and recommendations the complaints under the authority of the heads of State administration at the same level when assigned.

2. Help heads of State administration at the same level of tracking, test, urging the agencies administered directly by the heads of the citizens, complaint resolution, enforcement of the complaint resolution decision has the force of law.

The case of detected violations of the law on complaints detriment to the interests of the State, the rights, legitimate interests of citizens, agencies, organized the petition heads of State management at the same level or petitioning authorities to apply measures necessary to terminate the violation , considering the responsibility, dealt with the breach.

Article 26. The authority of the Prime Minister 1. The leader resolve complaints work of ministries, ministerial agencies, government agencies, people's Committee levels.

2. Process the recommendations of the Inspector General of Government prescribed in clause 2 of article 24 of this Law.

3. Steer, handle disputes on jurisdiction to resolve complaints between the ministries, ministerial agencies, government agencies, provincial people's Committee.

Section 2 ORDER, COMPLAINT RESOLUTION PROCEDURES First. Accepting the complaint resolution within 10 days from the receipt of a complaint under the authority that isn't in one of the cases specified in article 11 of this law, the person who has the authority to resolve the complaint must first accepting the settlement; notice in writing to the complainant, agency, organization or individual has the authority to transfer the complaint to the State Inspection Agency and same level know, no case accepting the resolution must clearly state the reason.

Article 28. The time limit for complaint resolution for the first time limit complaints for the first 30 days from the date of acceptance; for complex case resolution time limit may be extended more than but not more than 45 days from the date of acceptance.

In the remote areas difficult travel, the time limit for complaint resolution not more than 45 days from the date of acceptance; for complex case resolution time limit may be extended more than but not more than 60 days from the date of acceptance.

Article 29. Verify the contents of the complaint 1. Within the time limit specified in article 28 of this law, the person who has the authority to resolve the complaint first is responsible for the following: a) check that the administrative decisions, administrative acts, of the person in charge of direct management by themselves, if the complaint is true, the decision to tackle complaints immediately;

b) case not have the basis to conclude the content of the complaint then himself proceeded to verify the content of the complaint, conclusion or State inspection bodies at the same level or the Agency, organization, personal responsibility (hereafter referred to collectively as the person in charge to verify) to verify the content of the complaint recommendations to resolve the complaint.

2. The verification must ensure objectivity, accuracy, timeliness through the following form: a) check, verify directly at the venue arising complaints;

b) test, verify through the materials, evidence that the complainant, who was a complaint, agencies, organizations, individuals involved provided;

c) The forms prescribed by law.

3. Who is responsible for the verification, the following obligations: a) asked the complainant, who was a complaint, agencies, organizations and individuals concerned to provide information, documents and evidence about the content of the complaint;

b) require the complainant, who was the complaint, agency, organization, relevant personal explanation in writing about related content complaints;

c) convened the complainant, who was a complaint, agencies, organizations and individuals concerned;

d) examiner referendum;

DD) conducted the test measures, other verification under the provisions of the law;

e) report verification results and responsible before the law about the verification results.


4. Reporting verification results include the following: a) a verification object;

b) time to conduct verification;

c) Who proceed to verify;

d) verified content;

the verification results);

e) conclusions and recommendations for content complaints.

Article 30. Dialogue institutions 1. In the process of resolving a complaint first, if requested by the complainant and the results verified the content of complaints also different then people resolve complaints held dialogue with the complainant, who was the complainant, who has the rights and obligations involved, agencies, organizations and individuals concerned to clarify the content of the complaint the complainant's request, and resolving complaints; the dialogue must be conducted openly, democratically.

2. The appeal is responsible for notification in writing to the complainant, who was the complainant, who has the rights and obligations involved, agencies, related organizations know the time, place, content of the dialogue.

3. When the dialog, the complaint resolution must specify the content need for dialogue, the results to verify the content of the complaint; the dialogue participants have the right to present comments, give evidence relevant to the complaint and his requests.

4. The dialogue must be established thereon; the minutes are clearly opinion of the participants, the results of dialogue, signed or only of the participants; the case of the dialogue participants did not sign, the only points validates it must specify the reason; This record is stored in the profile service complaints.

5. The result is one of the grounds for complaint resolution.

Article 31. Decision on complaint resolution the first time 1. The complaint resolution decision must first resolve the complaint.

2. The decision to appeal first to have the following content: a) the day, month, year of decision;

b) name, address of the complainant, who complained of;

c) the content of the complaint;

d) results to verify the content of the complaint;

DD) results dialog (if available);

e) pursuant to law to resolve the complaint;

g) conclusion the content of complaints;

h) retain, modify, supplement or remove part or all of the administrative decision, terminate the administrative acts complained of; solve specific problems in the content of the complaint;

I) the compensation for the damage complained of (if any);

I) appeal rights, the right to sue the Government case in court.

3. for many of the same complaints about the content of a person who has the authority to review complaints, complaint content and conclusions based on the conclusion that the decision to resolve complaints for each decision or resolve a complaint accompanied by the list of complainants.

Article 32. Sending complaints decisions first within 10 working days from the date of the decision to resolve a complaint, the complaints first is responsible for sending the decision to resolve the complaint to the complainant, the heads of the upper level of the complaint resolution or authorized person , who has a right, obligation, agencies, organizations, individuals transferred the complaint to the State Inspection Agency and the same level.

Article 33. The second complaint or sue the administrative case 1. Within a period of 30 days from the date of expiry of appeal specified in article 28 of this law that first complaint not resolved or since the date of the complaint resolution decision the first time that the complainant does not agree has the right to complain to the person who has the authority to resolve the complaint the second time; for the remote areas difficult travel, the time limit may be extended, but not more than 45 days.

The case of the second complaint, the complainant must submit the enclosed decision on the first appeal, the relevant documents to the competent person to resolve the complaint the second time.

2. Expiry of appeal specified in article 28 of this law that first complaint not resolved or the complainant does not agree with the decision to settle the complaint first, then have the right to sue the Government case in court under the provisions of the law on administrative proceedings.

Article 34. Profile complaints 1. The resolution of a complaint must be made in the record. Profile complaint resolution include: a) a complaint or Word of complaint;

b) document, the evidence provided by the parties;

c) minutes of checking, verification, assessment results, conclusions (if available);

d) minutes of dialogue Organization (if any);

DD) decided to settle the complaint;

e) other related documents.

2. complaints records should be numbered in the order of pages and documents are kept as required by law. The case the complainant initiates the administrative lawsuits in court, then it must be moved for the Court to have jurisdiction when required.

Article 35. Application of emergency measures in the process of complaint resolution, if it deems the enforcement of administrative decisions were complaints will result in consequences difficult to fix, then complaints people have to decide to temporarily suspend the enforcement of the decision. The time limit for temporary suspension not to exceed the remainder of the term of the settlement. The decision to temporarily suspend must be sent to the complainant, who was the complainant, who has the rights, obligations and those who are responsible for enforcing. When it deems the reason for suspension is no longer then canceled the decision to temporarily suspend it.

Category 3 sequence, PROCEDURE for RESOLVING COMPLAINTS for the SECOND Article 36. Accepting the second grievance 1. Within 10 days from receipt of the complaint in his jurisdiction and not in one of the cases provided for in article 11 of this law, the second complaint resolution is accepting the resolution and notified in writing to the complainant, the Agency held individuals who have the authority to transfer the complaint to the State Inspection Agency and same level know; the case of not accepting the resolution must clearly state the reason.

2. for complex complaints service, if necessary, the second complaint resolution Advisory Board established to consult to resolve complaints.

Article 37. Time limit complaints for the second term of the second complaint resolution not more than 45 days from the date of acceptance; for complex cases, the time limit for complaint resolution could take over but not over 60 days from the date of acceptance.

In the remote areas difficult travel, the time limit for complaint resolution not exceeding 60 days from the date of acceptance; for complex cases, the time limit for appeal could last longer, but no more than 70 days from the date of acceptance.

Article 38. Verify the contents of the complaint for the second Person has the authority to resolve the complaint the second time based on the content, the nature of the complaint, himself conducted verification, concludes the contents of complaints or delivered to the person in charge of verifying the content of the complaint and make recommendations to resolve the complaint. The verification conducted under the provisions of clause 2, 3 and 4 Article 29 of this law.

Article 39. Held the second dialogue in the process of resolving a complaint, the complaints of conducting dialogue with the complainant, who was the complainant, who has the rights and obligations involved, agencies, organizations and individuals concerned to clarify the content of the complaint, the complainant's request , user complaints. The Organization of the second dialogue conducted under the provisions of article 30 of this law.

Article 40. Decision on complaint resolution two times 1. The second complaint resolution must make decisions to resolve the complaint.

2. decision on complaint resolution two times to have the following content: a) the day, month, year of decision;

b) the name, address of the complainant, who complained of;

c) the content of the complaint;

d) results in complaints of the first complaint resolution;

DD) results to verify the content of the complaint;

e) dialogue results;

g) pursuant to law to resolve the complaint;

h) conclusion the content of the complaint are true, true or false part entire. The case the complainant is right or correct part then asks who has the administrative decisions, administrative acts complained of modify, cancel all or part of the administrative decision, terminate the administrative acts complained of. The conclusion of the content of the complaint is false, then the entire request to the complainant, who has the right, the obligation relating implement strictly administrative decisions, administrative acts;

I) the compensation for the damage (if any);

k) rights of administrative lawsuits in the courts.

Article 41. Send, announced the decision to settle the complaint 1. Within 7 days from the day the complaint resolution decision, the second grievance must send the complaint resolution decision for the complainant, who complained of, the first grievance, the person has a right, obligation, agency, organization or individual has the authority to transfer the complaint to.

2. The complaint resolution time two options a or some form of publicity: a) announced at the meeting, the Agency held where people complained of the work;

b) listed on the Office or where the next citizen's Agency, the organisation has complaints;

c) reported on the mass media.

3. The Government detailing the complaint resolution decision.

Article 42. Sue expiry of administrative lawsuit complaint resolution prescribed in article 37 of this law that complaints not resolved or the complainant does not agree with the decision to settle the complaint the second time you have the right to sue the Government case in court under the provisions of the law on administrative proceedings.

43 things. Complaints record two times the resolution of the second complaint must be made in the record under the provisions of article 34 of this law, accompanied by the opinion of the Advisory Council (if available).

Item 4 IMPLEMENTATION of the DECISION APPEAL of LEGAL EFFECT to article 44. Decision on complaint resolution in force law


1. Decide the complaints first legal effect after 30 days from the date of enactment to which the complainant did not appeal the second; for the remote areas difficult travel, the time limit may be extended, but not more than 45 days.

2. The decision to solve the complaint for the second legal effect after 30 days from the day of promulgation; for the remote areas difficult travel, the time limit may be lasted more than but not more than 45 days.

3. where the complainant does not agree with the decision to settle the complaint shall have the right to sue the Government case in court under the provisions of the law on administrative proceedings.

4. decision on complaint resolution in force the law have enforceable right.

Article 45. People have a responsibility to make decisions to resolve the complaint in force the law 1. The complaint resolution;

2. The complainant;

3. Who complained;

4. The person has the right, the relevant obligations;

5. Agencies, organizations and individuals concerned.

Article 46. Enforcement of the complaint resolution decision has the force of law 1. The complaints within the scope of the task, their powers are responsible for directing agencies, organizations, individuals in the organization management rights enforcement complaint resolution decision effective law; where necessary, request the competent authorities to take measures to ensure the enforcement of the complaint resolution decision has the force of law; organized or hosted, in cooperation with the Organization, authorities implemented measures to restore the rights, legitimate interests of the complainant; recommendations the Agency, other organization to solve the problems related to the enforcement of the decision resolving the complaint (if any).

2. When the complaint resolution decision has the force of law, the complainant, who has the right, the obligation relates has the following responsibilities: a) collaboration with agencies, organizations, individuals with authority in recovering the rights, legitimate interests of his administrative decisions, administrative acts of unlawful infringement;

b) Executive administrative decisions, administrative acts complained of were the competent bodies to solve the recognition decision administrative, administrative behavior that law;

c) Executive decided to handle the Agency's authority to enforce the decision on complaint resolution in force law.

3. Within the scope of its powers, duties, authority, organization or individuals involved are responsible for observance of the administrative decisions of the competent authority to enforce the decision resolving the complaint effective law; in collaboration with agencies, organizations, individuals with authority in organizing the implementation of the decision to appeal the legal effect when requested.

4. Government detailing this.

Chapter IV complaints, COMPLAINT RESOLUTION OFFICER'S DISCIPLINARY DECISIONS, Article 47. The complainant decided to discipline the complainant decided to discipline the officers, according to the procedure prescribed by this law, suggested the Agency, organization or individual has the authority to review the decision to discipline officers, public servants when grounded for that decision that is against the law , a direct infringement of rights and legal interests.

Article 48. Time limits complaints complaints for the first time is 15 days from the date the officers, public servants received disciplinary decisions.

Time limits complaints times two is 10 days from the date of public officials get to decide complaints first; with regard to disciplinary dismissal, the time the second appeal is 30 days from the date of public officials get to decide complaints first.

The case the complainant does not make the right to complain under the right time because of sickness, natural disasters, pest, a business trip, study in remote places or because of objective obstacles others had time that obstacles are not calculated in the time of the complaint.

Article 49. Complaint form the complaint must be made by petition. In the complaint must indicate the day, month, year; they, the name, the address of the complainant; the content, the reason for the complaint, the complainant's request and signed by the complainant. The first complaint must be sent to the person who took the decision to discipline. The second complaint was sent to the competent authorities to resolve the complaint the second time.

Article 50. The time limit for accepting the complaints and the time limit for accepting and resolving a complaint first, times two as follows: within 10 days from receipt of the complaint, the person who has the authority to resolve complaints are accepting to address and inform the complainant knew.

The time limit for complaint resolution not more than 30 days from the date of acceptance; for complex cases, the time limit for appeal could last longer than but not more than 45 days from the date of acceptance.

Article 51. Authority to resolve the complaint 1. The head of the Agency, the competent organizational management officers, according to authoritative hierarchies to resolve complaints for the first time due to his discipline decisions issued.

2. The head of the Agency, held the Agency's direct superior, governing officials and public servants have jurisdiction in cases of complaints.

3. The Minister of the Interior has the authority to resolve complaints for disciplinary decisions that Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee has resolved the first but also the complaint or complaints for the first time limit has expired but not yet resolved.

Article 52. Verify the contents of complaints in the process of resolving a complaint, the complaints authority has the following responsibilities: 1. Directly or assigned the responsibility to check the disciplinary officers, public servants complained of, considering the content of the complaint. If it deems the content of the complaint is clear then asked the Board to discipline public officials look to suggest who had jurisdiction.

2. where the content of the complaint has not been identified, then the traffic themselves or who are responsible for verification, the conclusion of the content of the complaint. Who is responsible for the verification, the obligation prescribed in paragraph 3 to article 29 of this law.

The verification of the content of the complaint must be made in writing, the competent person to report complaints. After obtaining the results to verify the content of the complaint then asked the Board to discipline public officials look to suggest who had the authority to resolve the complaint.

Article 53. Dialogue institutions 1. Who has the authority to resolve the complaint, before the decision to resolve the complaint to the Organization of dialogue with the complainant.

The dialogue participants included authority to resolve the complaint, the complainant, who has the responsibility to verify, others are concerned.

2. When the dialogue, the complaint resolution must specify the content need for dialogue, the results to verify the content of the complaint; the dialogue participants have the right to present comments, give evidence relevant to the complaint and his requests.

3. The dialogue must be established thereon; the minutes are clearly opinion of the participants, the results of dialogue, signed by participants; the case of the dialogue participants did not sign, they must specify the reason; This record is stored in the profile to resolve complaints.

4. The result is one of the grounds for complaint resolution.

Article 54. Decision on complaint resolution the first time 1. The complaint resolution decision must first settle your complaint in writing. Decision on complaint resolution must have the following content: a) the day, month, year of decision;

b) the name, address of the complainant, who complained of;

c) the content of the complaint;

d) results to verify the content of the complaint;

DD) results of dialogue;

e) pursuant to law to resolve the complaint;

g) the conclusion of the content of the complaint are true, true or false part whole;

h) retain, modify, supplement or remove part or all of the discipline decisions complained of;

I) the compensation for the damage (if any);

k) second appeal rights or rights of administrative lawsuit in court for disciplinary dismissal.

2. decision on complaint resolution must first be sent to the complainant and the relevant organizations, organs.

Article 55. The second complaint resolution authority to resolve the complaint the second time is responsible for the following: 1. Ask the person who issued the decision to discipline public servants complained the report reviewing the discipline and resolve of disciplinary complaints.

2. Themselves or delivered to the person in charge of conducting verification verification, concludes the content of complaints. The verification of the content of the complaint must be made in writing and report who has the authority to resolve the complaint.

3. Host dialogue with the complainant. Participants of dialogue include: a) the complainant;

b) Who are responsible for verifying the content of the complaint;

c) Who complained.

4. The content of dialogue as stipulated in paragraph 2 and paragraph 3 Article 53 of this law.

Article 56. Decision on complaint resolution two times 1. Decision on complaint resolution II must have the following content: a) the day, month, year of decision;

b) the name, address of the complainant, who complained of;

c) the content of the complaint;

d) verification results;

DD) results of dialogue;

e) pursuant to law to resolve the complaint;

g) conclusions about each specific problem in the content of disciplinary complaints and the resolution of the complaint resolution first;

h) the compensation for the damage (if any);

I) rights of administrative lawsuit in court for disciplinary dismissal.

2. The decision to settle the complaint the second time must be sent to the complainant, the first grievance, the person has the right, the obligation concerned within a period of 7 days from the date issued.

Decision on complaint resolution times two of the Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee must be submitted to the Inspector General of Government and the Minister of the Interior.

Article 57. The effect of the decision on appeal, petitioner case administration


1. Decide the complaint resolution decision to discipline officers, public servants have law include: a) decided to appeal the first legal effect after 30 days from the date of enactment to which the complainant did not appeal the second;

b) decided to settle a complaint once the two legal effect after 30 days from the date issued.

2. decision on complaint resolution in force the law have enforceable right.

3. in case of public officials from the Office Of Director and equivalent back down disciplinary dismissal which do not agree with the decision to resolve complaints for disciplinary dismissal or the expiry of the first grievance, the second according to the provisions of article 50 of this law that the complaint is not resolved then has the right to sue in administrative lawsuits in court under the provisions of the law on administrative proceedings.

Article 58. Enforcement of decisions resolving complaints for disciplinary officers, public servants have law 1. When the decision to resolve complaints for disciplinary officers, public officials have the rule of law, the head of the Agency, organization, unit where officials and public servants work is responsible for publicly the decision addressed to all civil servants of the Agency, held Unit; application of the measures under the authority or the Agency, in collaboration with the relevant organizations to enforce the decision to resolve the complaint; compensation under the provisions of the law.

2. Government detailing this.

Chapter V CITIZENSHIP NEXT Article 59. The next headquarters, the next places the citizen 1. The headquarters of citizens continue the party and State are held at Central and local levels to the citizens to complain, report, recommendations, reflects the Agency's regulations, the competent organization.

Next place the citizen is a citizen by the Agency, organization or individual has the authority to take over the disposition of citizens to complain, report, recommendations, reflecting the provisions of the law.

2. The head of the Agency, the organization responsible for organizing the next citizen; ensuring the necessary conditions to the citizens; deployed officers have enough qualities, abilities, qualifications, knowledge and understanding of policy, legislation, liability conscious working next to citizen complaints, accusations, proposals, reflect.

Article 60. Rights, obligations of the complainant, accusations, proposals, reflected in the next Office, the next places the citizen 1. Present the identification of direct regulation, compliance and follow the guidance of the officers followed.

2. the realistic presentation, providing information, documents and content-related complaints, accusations, proposals, reflections of themselves and signing or just point on the minutes confirmed the content of the presentation.

3. Instructions, explanations about the implementation of the right to complain, report.

4. Send representatives to present to the next citizen in the case of many of the same complaints, accusations about a content.

5. complaints, accusations about the misconduct, obstruction, troubling, harassment of people next to the citizens.

Article 61. Direct responsibility of the head of citizen Agency, held 1. Heads of State, President of the people's Committee of the level of direct regular citizens as follows: a) the President of the people's Committee of social every week for at least a day;

b) people's Committee Chairman district level each month for at least two days;

c) people's Committee Chairman granted the province every month for at least a day;

d) the heads of other State agencies each month for at least a day.

2. The citizens of the people's Committee Chairman, State agency heads are attached to the resolution of a complaint under the authority and direction to resolve complaints under the authority of Heads of State due to his management.

3. The Chief Inspector of the levels have the responsibility to continue the Organization of regular citizens in accordance with the law.

4. The Heads of the other organizations have a responsibility to direct the citizen for at least one day every month.

5. In addition to the regular citizens, President of the people's committees of all levels, the head of the agency or organization must forward the citizens when there are urgent requirements.

Article 62. The next officer's responsibility, who is in charge of the headquarters, the population of 1. Receiving complaints, accusations, proposals, reflections of the citizens; categorized and routed to the person having jurisdiction under the provisions of the law.

2. Instructions, explaining to citizens about policies, laws related to the content requirements of the citizens.

3. Officials and citizens have the right to refuse further forward in the following cases: a) People to complain, report, recommendations, reflects on the incident has been reviewed and checked had decided or settled conclusions of the competent authority under the provisions of the law and has been fully answered;

b) further regulation violators.

4. The person in charge of the headquarters, the next place citizens in the scope of the mission, his powers have a responsibility to monitor, test, urging the resolution of complaints, denunciations of the authorized person; processed under the authority or the competent agency recommendations handle violations of the law on complaints and denunciation of responsibility in resolving complaints, accusations.

Chapter VI RESPONSIBILITY of agencies, organizations, INDIVIDUALS HAVE the AUTHORITY in the MANAGEMENT of the WORK to RESOLVE COMPLAINTS Article 63. The responsibilities of the State administration on work to resolve the complaint 1. The unified government administration on work to resolve complaints by State administrative bodies within the country.

Government inspectors responsible to Government of implementing State management on work to resolve complaints within the country.

2. Ministries, ministerial agencies, people's committees of all levels make governance about the work to resolve complaints within its management.

3. Ministerial, ministerial-level agencies, Inspector, central cities, inspection, inspection of the district, County, town, city in the province to help heads of State management bodies of the same level of management the work to resolve complaints.

Article 64. The responsibility of the people's Court, people's Procuratorate, the State Audit Office, the Congress, the President's Office, other State agencies, political organizations, social-political organizations 1. The Supreme People's Court, the Supreme People's Procuratorate, the State Audit Office, the Congress, the President's Office, other State agencies, political organizations, social-political organizations in the scope of the functions, duties, their powers to manage the work of complaint resolution , periodically inform the Government on the work of the Agency's complaints, his organization.

2. local people's Court, local people's Procuratorate, the Agency of political organization, social-political organizations locally within the mission, function, their powers to manage the work of complaint resolution, periodically inform committees at the same level on the work of the Agency's complaint resolution , his organization.

Article 65. Responsible for coordination of the work of resolving the complaint 1. Where necessary, the Prime Minister worked with Chief Justice of the Supreme People's Court, the head of the Supreme People's Procuratorate, the State Auditor General, heads of the other agencies of the State; Chairman of the provincial people's Committee worked with the Chief Justice's courts, the people's Procuratorate Mayor the same level to coordinate in resolving complaints.

2. The Government, the Supreme People's Court, the Supreme People's Procuratorate to periodically report to Congress, the Standing Committee of the National Assembly, the President and notified to the Central Committee of the Vietnam Fatherland Front on work to resolve the complaint.

Ministries, ministerial agencies, government agencies, provincial people's Committee report on the Government work to resolve complaints by local authorities, periodically or at the request of the Government.

3. The people's Committee, the people's courts, the people's Procuratorate of periodic reports by local people's Council and the announcements to the Vietnam Fatherland Front Committee at the same level on the State claims, claims administration and case work complaints, adjudication of administrative cases in the local scope.

Article 66. Supervision of the Vietnam Fatherland Front, the front's member organizations 1. Vietnam Fatherland Front, the front's member organizations are responsible for monitoring the enforcement of the law on complaints under the provisions of this law; motivate people strictly enforce legislation on appeal; Organization of the citizens to complain; upon receiving a complaint, the research, guide people to complain to the authorities, the Organization has the authority to resolve the complaint.

2. Claims by the Vietnam Fatherland Front Committee, the Member organizations of the front moved to the complaints must be reviewed, resolved and within 7 days from the date a decision is addressed must be notified in writing to the Organization had moved over the single solve; If does not agree with the results of that resolution, the Organization has moved menu has the right to petition the superior organization, agency directly consider, resolve; the Agency, the organization received the petitions are responsible to answer petitions it within 7 days from the date of the decision.

Chapter VII TREATS breach of article 67. Handling violations of the laws of the complaints The complaints of one of the acts stipulated in paragraphs 1, 2, 3 and 4 Article 6 of this law or violates other rules of law in the resolution of complaints, then depending on the nature that infringement levels, being disciplined or arrested save for criminal liability, if damage to indemnification or reimbursement under the provisions of the law.

Article 68. Handling violations of the law on complaints against the complainant and others involved


People would be one of the acts specified in paragraphs 5, 6, 7 and 8 article 6 of this law or violates the provisions of the law on complaints and complaint resolution shall, depending on the nature and extent of the violation which dealt with administrative violations or prejudice criminal liability; If the damage is compensated according to the provisions of the law.

Chapter VIII TERMS of ENFORCEMENT of Article 69. Enforceable and transitional provisions 1. This Act has effect as from July 1, 2012.

The regulations on complaints and complaint resolution in law complaints, report No. 09/1998/QH10 was amended, adding some articles of law No. 26/2004/QH11 and Act No. 58/2005/QH11 expired from date of enforcement of this Law is in effect.

2. With regard to the complaint has been resolved before accepting this legislation in force shall comply with the provisions of the law on complaints and denunciation of 09/1998/QH10 was amended, adding some articles of law No. 26/2004/QH11 and Act No. 58/2005/QH11.

Article 70. Detailing the Government detailing the conditions, terms and Chapter V of this law.

This law was the National Assembly of the Socialist Republic of Vietnam locked XIII, session 2 through May 11, 2011.