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Law 10/1998/qh10: Complaints, Accusations

Original Language Title: Luật 09/1998/QH10: Khiếu nại, tố cáo

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To complaints, accusations and complaints, accusations right law, contributes to the promotion of democracy, strengthening Socialist legislation, protect the interests of the State, the rights, legitimate interests of citizens, agencies and organizations;

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992;

This law provisions on complaints, accusations and complaints, accusations.

Chapter I GENERAL PROVISIONS Article 1 1-citizens, agencies, organisations have the right to appeal administrative decisions, administrative acts of the State administration, of the authority in the State administrative bodies when be grounded for that decision, behavior that is against the law , violated the rights, legitimate interests.

Public servants have the right to appeal the decision of the disciplinary authority when there is evidence that the decision that is unlawful, infringing the rights, legitimate interests.

2-citizens have the right to report to the Agency, organization, personal authority on unlawful acts of any agency, organization, the individuals would cause damage or threat of damage to the State's interests, rights, legitimate interests of citizens, agencies and organizations.

Article 2 Of 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 or decisions to discipline officers , when grounded for that decision or behaviour that is contrary to law, infringe the rights, legitimate interests.

2-"accusations" is the citizen under the procedure prescribed by this Law to report it to the Agency, organization or individual has the authority to know about violations of the law by any agency, organization, individuals would cause damage or threatened damage State's interests, rights, legitimate interests of citizens , the Agency held.

3-"the complainant" as citizens, agencies, organizations or public officials make the right to complain.

4-"agency, the Organization has the right to complain" include: State agencies, political organizations, social-political organizations, social organizations, social-professional organization, economic organization, the people's armed units.

5-"The accusations" are citizens make the right report.

6-"people were complaining" is the Agency, organization, individual administrative decisions, administrative behavior, disciplinary decision complained of.

7-"accusations" is the Agency, organization, personal behavior.

8-"The appeal" is the Agency, organization or individual has the authority to resolve the complaint.

9-"The resolution accused" is the Agency, organization or individual has the authority to resolve accusations.

10-"administrative decision" is decided by the State administrative authority or by the competent administrative authorities of the State applied once for one or several specific objects on a particular problem in administrative management activities.

11-"administrative acts" as acts of the State administration, of the authority in the State administrative agencies in carrying out public service tasks as defined by the law.

12-"disciplinary" is the written decision of the head of the agency or organization to adopt one of the forms of discipline is reprimand, warning, demoted wages, lower turnover, resignation, dismissal for officer, public servants in its management rights in accordance with the law on officers civil servants.

13-"complaints" is the verification, the conclusion and the decision to tackle people's complaints.

14-"resolve to denounce" the verification, the conclusion about the content of the report and the decision to treat people's resolve.

15-"the decision to appeal" the decision is enforceable and the complainant is not entitled to complain.

16-"complaint resolution decision has the effect of law" include: complaint resolution decision at last; complaint resolution decision first that within the time limit prescribed by law the complainant did not complain or not start the administrative lawsuits in the courts; decision on complaint resolution next that within the time limit fixed by law complaints the complainant did not complain.

Article 3 the Agency, organization or individual has a responsibility to check, a review of administrative decisions, administrative acts or decisions of his discipline, if found unlawful it shall promptly repair, fix to avoid incurring complaints.

The State encourages the mediation of disputes within the people before the Agency, organization or individual has the authority to resolve the dispute which aims to limit the claims arising from the basis.

Article 4 complaints, accusations and complaints, accusations should be made under the provisions of the law.

Article 5 bodies, organizations, individuals in the scope of the functions, duties, their powers are responsible for the next person to complain, report and recommendations; receive and timely resolution, legal complaints, accusations; strict handling of the breach; adopt the necessary measures to prevent the damage that can occur; guarantee for solving decision be enforced strictly and be responsible before the law for his decision.

Article 6 responsibility to resolve complaints, accusations that are not addressed, the lack of responsibility in solving or intentionally unlawful resolution must be dealt with strictly, if damage is compensated according to the provisions of the law.

Article 7 the Agency, relevant organizations have a responsibility to coordinate with agencies, organizations, individuals with authority in the resolution of complaints, accusations; to provide information and documents relevant to the complaint, the report at the request of the Agency, organization, individual.

Article 8 complaints decisions must be all agencies, organizations, personal respect. Decision on complaint resolution in force laws must be individual, organization, agency owners strictly enforce. Who is responsible for the implementation of the decision to settle the complaint without enforcement must be dealt with strictly.

The resolution accused must consider, the conclusion about the content of the report, if the breach must then promptly processed or request the competent handling of the breach.

The victims are recovering the rights, legitimate interests have been violated, to compensation for damages under the provisions of the law.

Article 9 the Assembly, the Committee of the National Assembly, the Council of the nation, the committees of the Parliament, the people's Council levels, deputies, deputies to the people's Council in the function, duty, their powers to supervise the enforcement of the law on complaints and denunciation.

Article 10 the Government within the scope of the functions, duties and powers of the Organization himself, directing the resolution of complaints, accusations; the State administration on work to resolve complaints, denunciations in nationwide.

The people's Committee in the scope of the functions, duties and powers of the Organization himself, directing the resolution of complaints, accusations; the State administration on work to resolve complaints, accusations in the local scope.

Article 11 the State Inspector of the levels in the range of functions, duties and powers of the Ombudsman himself the observance of the law on complaints and denunciation of the State administrative bodies; review, complaint resolution, to report under the provisions of this law and other provisions of the law.

Article 12 the people's Procuracy Prosecutor obeys the law on complaints and denunciation as prescribed by this law and other provisions of the law.

Article 13


Vietnam Fatherland Front Committee, the Member organizations of the people's player strictly enforces the law on complaints and denunciations; to supervise the enforcement of the law on complaints and denunciation as prescribed by this law.

Article 14 of the people Ombudsman organization established and operated in accordance with the law, monitoring the complaints, denunciations of the President of the people's Committee of the communes, wards and towns, agency heads, the base unit under the provisions of this law.

Article 15 complaints, accusations by the press agency to be moved to the Agency, organization or individual has the authority to consider, resolve and to notify the Agency has moved to unit know the settlement under the provisions of the law.

The Agency reported on complaints, accusations and complaints, accusations under the provisions of the law on the press after having verified the full and responsible before the law about bringing it.

Article 16 prohibits any acts impedes the realization of the right to complain, report; bullying, revenge, retaliation complaints, accusations; disclosure of them, your name, address, autographs of the report; intentionally does not solve or resolve complaints, accusations against the law; covering people with complaints, accusations; unlawful intervention in resolving complaints, accusations; agitation, forced, seduce, bribed others claim, false accusations; threatening, insulting people who are responsible for resolving complaints, accusations; taking advantage of the complaint, report to distort, slander, mess order.

Chapter II complaints, COMPLAINTS of ADMINISTRATIVE DECISIONS, ADMINISTRATIVE ACTS section 1 rights, OBLIGATIONS of the COMPLAINANT, who COMPLAINED of Article 17 1-the complainant has the following rights: a) the complainant himself or through a legal representative to complain;

b) received a written reply on the acceptance in order to resolve the complaint; receiving the complaint resolution decision;

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

d) claims or claims case in administrative tribunals under the provisions of this law and the law on administrative proceedings;

DD) Withdraw a complaint at any stage of the process.

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

b) honestly, providing information, documentation for the resolution of complaints; responsible before the law for the content of the presentation and the provision of information, that document;

c) accepted the complaint resolution decision has legal effect.

Article 18 1-Who complained of have the following rights: a) give evidence of the legality of administrative decisions, administrative acts complained of;

b) received the complaint resolution decision of the complaints next to complain that he had solved but the complainant continued to complain.

2-the person complained of have the following obligations: a) the reception, resolving complaints against administrative decisions, administrative acts complained of; notice in writing of the acceptance to solve, send the decision to the complainant and to be responsible before the law for their settlement; in the case of a complaint by the agencies, organizations, individuals have the responsibility to move to announce the settlement or resolution results to the Agency, organization, that individual under the provisions of this law;

b) explanations of administrative decisions, administrative acts complained of, provided the information, relevant documents when agencies, organizations, individuals have the authority required;

c) accepted the complaint resolution decision has legal effect;

d) compensation, remedial due to administrative decisions, administrative acts of his unlawful cause under the provisions of the law.

Section 2 JURISDICTION a COMPLAINT article 19 the Chairman of people's Committee of the communes, wards and towns (called social), heads the people's committees in the district, the County, towns and cities in the province has the authority to resolve complaints against administrative decisions, his administrative behavior , of the person responsible for the direct management by themselves.

Article 20 the Chairman of the district people's Committee, district, town, city in the province (district level) has the authority to: 1-resolve complaints against administrative decisions, administrative acts;

2-complaint resolution that granted people's Committee Chairman, heads the people's committees at district level in the open but still complain.

Article 21 Heads of Department and agency level has the authority to resolve complaints against administrative decisions, administrative acts of himself, of his servants, officers manage directly.

Article 22 the Director level in the provincial people's Committee, central cities have the authority to: 1-resolve complaints against administrative decisions, administrative acts of himself, of his servants, officers direct management;

2-complaints that those prescribed in article 21 of this law have been addressed but are also complaining.

Article 23 the province people's Committee Chairman, central cities (known as provincial) competent: 1-resolve complaints against administrative decisions, administrative acts;

2-complaints that Chairman-level people's committees have addressed but also the complaint; This decision is the decision final complaint resolution;

3-complaints that Director or equivalent level in the provincial people's Committee has resolved but also complain that the content in the scope of management of the provincial people's Committee; This decision is the decision on complaint resolution in the end.

Article 24 heads of ministerial-level agencies in the Department of the Government agency having jurisdiction to resolve complaints against administrative decisions, administrative acts of himself, of his servants, officers manage directly.

Article 25 1-Ministers, heads of ministerial agencies, heads of government agencies have the authority: a) to resolve complaints against administrative decisions, administrative acts of himself, of his servants, officers direct management;

b) resolve complaints that those prescribed in article 24 of this law have been addressed but also the complaint;

c) resolve complaints that the President of the provincial people's Committee has addressed the first, complaining that the Director or the equivalent level in the provincial people's Committee has resolved but also claims that the content of State management of ministries.

2-decide to resolve complaints by Ministers, heads of ministerial agencies specified in point b and point c of paragraph 1 of this article is to decide the complaint resolution in the end.

Article 26 State Inspector General has the authority to: 1-complaints that government agency heads have solved but also complaints, except the complainant had decided to settle in the heads of the Government's Ministers; This decision is the decision final complaint resolution;

2-verify, conclusion and recommendations the complaints Department of the jurisdiction of the Prime Minister;

3-complaint resolution by the Prime Minister authorized under the provisions of the Government;

4-recommendations to the Prime Minister to reconsider decision on complaint resolution in the end when found to have violated the law causing damage to the interests of the State, the rights, legitimate interests of citizens, agencies and organizations.

Article 27


1-the Chief provincial inspector, Chief Inspector of the district level authorities: a) to verify the conclusions, recommendations, the resolution of complaints in the jurisdiction of the President of the people's committees at the same level;

b) complaint resolution by the President of the people's committees at the same level as defined by the authorization of the Government.

2-Chief Inspector, ministerial-level agencies, government agencies, Chief Inspector of the Department level are responsible for verification, the conclusions and recommendations the complaints jurisdiction of that agency heads.

Article 28 1-Prime Minister has final jurisdiction with respect to: a the complainant that, Minister) heads of ministerial-level agencies have addressed but also the complaint, unless the complainant has decided to solve the last complaint;

b) complaint is particularly complex, involving many local, state management fields.

2-the Prime Minister has the authority to review decisions to resolve complaints eventually breach the law causing damage to the interests of the State, the rights, legitimate interests of citizens, agencies and organizations.

Article 29 1-Prime Minister to resolve the dispute over jurisdiction to resolve complaints between the ministries, ministerial agencies, government agencies, provincial people's Committee.

2-Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee to resolve the dispute over jurisdiction to resolve complaints between the agencies, units of its management scope.

Section 3 complaints, COMPLAINT RESOLUTION PROCEDURE article 30 the complainant must first complain to the person who has administrative decisions or officers, public servants are administrative acts for which the complainant grounded for that decision, behavior that is against the law, violate the rights his legal interests.

Article 31 duration of complaints is 90 days from the date of the administrative decision or know the administrative behavior.

In the event because of illness, natural disasters, pest, a business trip, study in remote places or because of objective obstacles that the complainant did not make the right to complain in the correct time, then the time has obstacles that are not calculated in the time of the complaint.

Article 32 complaints in one of the following cases are not accepting to solve: 1-administrative decisions, administrative acts complained of are not directly related to the rights, legitimate interests of the complainant;

2-the complainant does not have the capacity to fully conduct without a legal representative, unless the law otherwise;

3-not legal representative;

4-time appeal, the time limit for appeal has expired the next;

5-The complainant had decided to solve the last complaint;

6-the complaint has been accepting the courts to solve or have had the verdict, the decision of the Court.

Article 33 1-in case the 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, the reason for the complaint and the complainant's request. The complaint must be signed by the complainant.

2-in the case of the complainant to complain directly responsible officers must guide the complainant written into single or record content as specified in paragraph 1 of this article, signed by the complainant.

3-in cases where the complaint is made through a representative, the representative must have proof of the legitimacy of representation and the complaint must be made in accordance with the procedure prescribed in clause 1 and clause 2 of this Thing.

Article 34 within 10 days from receipt of the complaint in his jurisdiction and not in one of the cases stipulated in article 32 of this law, the first complaints are accepting to resolve and report in writing to the complainant to know; the case of not accepting to tackle it must clearly state the reason.

Article 35 in the complaint resolution process, if it deems the enforcement of administrative decisions were complaints will result in consequences difficult to fix, then complaints must first decide to temporarily suspend the enforcement of the decision. The time limit for temporary suspension not to exceed the remainder of the first settlement period. The decision to temporarily suspend must be sent to the complainant, who has the power, the interests involved. When it deems the reason for suspension is no longer then canceled the decision to temporarily suspend it.

Article 36 duration of complaints for the first 30 days from the date of acceptance to solve; for complex cases, the time limit for appeal could last longer, but not more than 45 days from the date of accepting the to address.

In remote areas, walking difficulties, then the time limit for complaint resolution was first not so 45 days from the date of acceptance to solve; for complex cases, the time limit for appeal may be extended, but not more than 60 days from the date of accepting the to address.

Article 37 When necessary, the complaints first meet, dialogue directly with the complainant, who complained to clarify the content of the complaint, the complainant's request and complaint resolution.

The complaint resolution decision must first resolve the complaint in writing and send the decision to the complainant, who has the power, the interests involved; when needed, then publicly decide to settle claims against the complainant and the person who complained.

Article 38 complaints decisions must first have the following content: 1-day, month, year of decision;

2-the name, address of the complainant, who complained of;

3-the content of the complaint are true, true or false part whole;

4-legal base to solve the complaint;

5-keep, modify or cancel part or all of the administrative decision, terminate the administrative acts complained of; solve specific problems in the content of the complaint;

6-the compensation for the damage (if any);

7-the right to complain or sue in administrative lawsuits in the courts.

Article 39 within a period of 30 days from the date of expiry to solve specified in article 36 of this law that complaints not resolved or since the date of the complaint resolution decision the first time that the complainant does not agree, it shall have the right to complain to the person who has the authority to resolve the complaint or subsequent administrative cases in the courts under the provisions of the law; for remote areas, walking difficulties, then the time may be extended, but not more than 45 days.

Article 40 in the case of continuing complaints, the complainant must submit the attached copy to decide complaints before it and the related documents (if any) for the next complaint resolution.

Article 41 within 10 days from receipt of the complaint in his jurisdiction and not in one of the cases stipulated in article 32 of this law, the complaints next to accepting to resolve and report in writing to the complainant, the complaint resolution before that know; the case of not accepting to tackle it must clearly state the reason.

Article 42


In the process of complaint resolution the next, if it deems the enforcement of administrative decisions being a complaint, decide complaints before it will cause consequences difficult to fix, then complaints to decisions or recommendations to the decision-making authority 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, the complaints before, people have rights, the interests involved. When it deems the reason for suspension is no longer must then cancel immediately decided to temporarily suspend it.

Article 43 the time limit complaints each of the next 45 days, not too since accepting to solve; for complex cases, the time limit for appeal may be extended, but not more than 60 days from the date of accepting the to address.

In remote areas, walking difficulties, then the time limit for appeal to the next each time not to exceed 60 days from the date of acceptance to solve; for complex cases, the time limit for appeal could last longer, but no more than 70 days from the date of accepting the to address.

Article 44 1-In complaint resolution process the next time, the complaints are right: a-request the complainant to provide information, documents and the evidence of the content of the complaint;

b-ask the person complained of explanation in writing about the content complained of;

c-requires the previous complaints, individual, organization, agency owners to provide information, documents and other evidence related to the content of the complaint;

d-convened people with complaints, the complainant to the Organization of dialogue when necessary;

g-spot verification;

e-referendum-inspection, conducted the other measures prescribed by the law.

2-individual, agency or organization receiving the request specified in paragraph 1 of this article to make the request.

Article 45 1-Person complaints the next to decide complaints 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) survey results, to verify;

DD) pursuant to law to resolve the complaint;

e) conclusions on the content of the complaint and the settlement of the complaints before that;

g) uphold, modify, cancel or request a modification, cancel all or part of the administrative decision, terminate the administrative acts complained of; solve specific problems in the content of the complaint;

h) The compensation (if any);

I) appeal rights of complainants; If the complaint resolution decision is ultimately to specify.

2-decide the complaint resolution the next must be sent to the complainant, the complaints before, who have the power, the benefits involved, who had moved to the menu within a period of 7 days from the date of the decision.

The complaint resolution the next time needed shall publicize the decision addressed to the complainant and the person who complained.

Article 46 within 30 days from the date of expiry of settlement prescribed in article 43 of this law that complaints not resolved or since the date of the decision to settle the complaint that the complainant does not agree, it shall have the right to continue to appeal to the person who has the authority to resolve complaints next unless that decision is the decision final complaint resolution; for remote areas, walking difficulties, then the time may be extended, but not more than 45 days.

Article 47 1-the resolution of the complaint must be made in the record. Profile complaint resolution include: a) a complaint or Word of complaint;

b) of the reply text complained of;

c) the minutes of interrogation, verification, assessment results, conclusions;

d) decided to settle the complaint;

DD) other relevant documents.

2-profile complaint resolution must be numbered in order of page document and are kept under the provisions of the law. In the case of the complainant continues to complain or sue the Government case in court, the records that must be transferred to the agency or court having jurisdiction when required.

Chapter III the COMPLAINT, COMPLAINT RESOLUTION DECISION to DISCIPLINE the OFFICERS, servants Article 48 complaints of public servants with respect to disciplinary decisions imposed under the provisions of the law shall be settled according to the provisions of this law.

Complaints by officials and public servants are members of a political organization, social-political organizations for disciplinary decisions imposed under the Charter shall be resolved by the rules of that organization.

Article 49 time limits complaints is 15 days from the date of the disciplinary decisions.

In the event because of illness, natural disasters, pest, a business trip, study in remote places or because of objective obstacles that the complainant did not make the right to complain in the correct time then time has obstacles that are not calculated in the time of the complaint.

Article 50 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.

Article 51 the complaint must be sent to the person who took the decision to discipline. Within 10 days from receipt of the complaint, the person who has the decision to discipline is accepting to address and inform the complainant knew.

Article 52 the time limit complaints for the first 30 days from the date of acceptance to solve; for complex cases, the time limit for appeal could last longer, but not more than 45 days from the date of accepting the to address.

Article 53 1-The complaint resolution decision to resolve complaints 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 are true, true or false part whole;

d) legal base to solve the complaint;

DD) retain, modify or cancel part or all of the discipline decisions complained of;

e) the compensation for the damage (if any).

2-decide the complaints must be sent to the complainant and the relevant organizations, organs.

Article 54 within 10 days from 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 jurisdiction to the next.

Within a period of 30 days from the date of accepting the to address, the next resolution authority must consider, out decides to resolve the complaint in writing; for complex cases, the time limit for appeal could last longer, but not more than 45 days from the date of accepting the to address. This decision is the decision on complaint resolution in the end.

Article 55


Public disciplinary complaints officer dismissal, since the date of the decision to settle your head, if not agree with the decision to settle it within the time limit specified in article 39 of this law have the right to complain to the person who has the authority to settle or sue in administrative lawsuits in the courts under the provisions of the law of officers civil servants and the law on administrative proceedings.

Article 56 based on the provisions of this law, the Commission of the National Assembly, the Government, other State agencies, political organizations, social-political organizations in the scope of the functions, duties, their powers are responsible for prescribing the order and procedure for resolving complaints of officers civil servants with regard to disciplinary decisions.

Chapter IV REPORT, addressing ACCUSATIONS section 1 rights, OBLIGATIONS of the ACCUSED, who were to REPORT 57 1 Thing-The report has the following rights: a) submit or report directly to the Agency, organization, personal jurisdiction;

b) require secrecy, their name, address, his autographs;

c) asked to be notified of results to resolve accusations;

d) requires the Agency, the competent organization to protect when threatened, retaliation, revenge.

2-The report has the following obligations: a) honestly about the content of the report;

b) clearly, his name and address;

c) responsible before the law about the false accusations.

Article 58 1-People have reported the following rights: a) to be informed of the content of the report;

b) give evidence to prove the content of the report is not true;

c) restored the rights, legitimate interests infringed, be rehabilitated, to compensation for damage caused by the accusations not true cause;

d) requires agencies, organizations, individuals with authority to handle the accusations false.

2-People have reported the following obligations: a) explanation about the reported behavior; provide information, relevant documents when agencies, organizations, individuals have the authority required;

b) accepted the decision to handle accusations of agencies, organizations, individuals with authority;

c) compensation, remedial due to its unlawful behavior caused.

Section 2 JURISDICTION REPORT Article 59 to denounce violations of the law that the person reported in the Agency's management authority, organization, agency, that organization has the responsibility to solve.

To report violations of the provisions of the public service, the Mission of the Agency, held the head of the Agency, the organization that is responsible for solving.

To report violations of regulations on the duty of public service, the head of the Agency, held the head of the Agency, the superior organization of the Agency, the organization that is responsible for solving.

Article 60 to report violations of law to which the content related to state management functions of the Agency, the agency that has the responsibility to solve.

To report criminal acts by the bodies conducting proceedings to resolve under the provisions of the criminal law.

Article 61 the agency head, the Organization has the responsibility to settle accusations the jurisdiction; in case of need, the Agency delivered to the inspector or another competent agency proceed to examine, verify, the conclusions and recommendations of measures to handle accusations.

Article 62 the Chief Inspector of the authority: 1-identification of contents conclusions, accusations, proposals handling measures denounced in the jurisdiction of the heads at the same level as assigned;

2-consideration and conclusions report content which heads directly subordinate of the heads the same level was solved but have breached the law; in the conclusion the resolution denouncing violations of the law, the recommendations of the review has resolved, resolved.

Article 63 the State Inspector General has the authority to: 1-identification of contents conclusions, accusations, proposals handling measures denounced in the jurisdiction of the Prime Minister when it was delivered;

2-consideration and conclusion about the content of the report that Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee has resolved but have breached the law; in the conclusion the resolution denouncing violations of the law, the recommendations of the review has resolved, resolved.

Article 64 the Prime Minister directs the resolution the report contents are particularly complex; the decision to handle accusations that the State Inspector General concluded, recommendations as specified in point 1 Article 63 of this law.

Section 3 PROCEDURE for RESOLVING ACCUSATIONS the thing 65 People accused must submit to the Agency, organization, competent individuals. In the single report, specify name, address the accusations; the content report. In the case of the accusations to accuse directly the responsibility of receiving must record the content of the report, they, the name, the address of the report, signed by the accused.

Article 66 the slowest is 10 days from the date of the report, agencies, organizations, individuals receiving accusations to accepting to solve; in case the accused is not in their jurisdiction, they must turn to the Agency, the Organization has jurisdiction and notified to the accused when they ask.

In urgent cases, agencies, organizations, individuals receiving report must notify the authorities responsible for applying the preventive measures timely, violations of the law; adopt the necessary measures to ensure the safety of the accused when they ask.

Article 67 duration to resolve accusations do not exceed 60 days from the date of acceptance to solve; for complex case resolution time limit may be extended, but not more than 90 days from the date of accepting the to address.

Article 68 People settle accusations must make decisions about the conduct of verification and conclude about content report, determine the responsibility of the offending behavior, apply the measures disposed by the authority or agency recommendations, organized, competent individuals processed for violators.

Article 69 where there is evidence that the settlement report is incorrect or too law prescribed time limit that accusations not resolved then the accused has the right to report to the authorities, the superior organization of the person directly addressed accusations; the term resolution is made according to the provisions of article 67 of this law.

Article 70 in the process of verifying the accusations, denouncing Solver has the following rights and duties: 1 to ensure impartial, honest, lawful in the settlement report;

2-ask the accused provides evidence, documents related to the content of the report;

3-ask the reported explanation in writing about the reported behavior;

4-personal requirements, agencies, relevant organizations to provide information and documents related to the content of the report;

5-referendum-inspection, conducted the other measures prescribed by the law.

Article 71 In the receiving process, resolve the accusations, if found guilty, the Agency signs, reception, organization resolve accusations must transfer notification, transfer of records to the investigating authorities, the Procurator to solve under the provisions of the criminal law. Within 20 days from the date of notification, or receiving records, investigative agencies, the Procurator must be notified in writing about the handling of the Agency, that organization knows; case report of complex content, then the time limit for reply may be extended, but not more than 60 days.

Article 72 bodies, organizations, individuals receiving report, addressed accusations that must remain confidential for the report; not disclosed them, your name, address, autographs of the report and other information harmful to the accused.

Article 73


1-the resolution of the report must be made in the record. Settlement profile report includes: a) denunciation or denunciations records;

b) report on the results of inspection, verification, documentation and evidence collected in the course of settlement;

c explanation of the text) reported;

d) conclusions about content report; text of petition handling measures;

DD) decided to handle;

e) other related documents.

2-record resolve accusations must be numbered in order of page document and are kept under the provisions of the law. In the case of agencies, organizations, individuals have the authority to request the records are transferred to the Agency, organization, individual.

Chapter V the NEXT ORGANIZATION of CITIZENS Article 74 Heads of State bodies have the responsibility to direct and organize the next citizen to present complaints, accusations, proposals, reflecting the complaint related, accusations; deployed officers have good qualities, have the knowledge and understanding of policy, legislation, have a sense of responsibility to do the work.

Article 75 The next citizen to complaints, accusations, brought the complaint, report was conducted at the next place.

The State Agency must be positioned where the next convenient citizen, ensuring the conditions for citizens to present complaints, accusations, proposals, reflecting the complaint related, accusations are easy, convenient.

In the next place where the citizens are listed on the calendar next to the citizens, citizen marketing rules.

Article 76 1-President of the people's Committee, the heads of the other agencies of the State are responsible for direct citizen according to the following rules: a) the President of the people's Committee of social, at least one day per week;

b) President of the people's committees at district level, each month for at least two days;

c) Chairman of the provincial people's Committee, at least one day each month;

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

2-the State-level inspection, other agencies of the State are responsible for the next regular citizens organized under the provisions of the law.

Article 77 The next responsible citizens: 1-to receive complaints, accusations, proposals, reflecting the complaint related, accusations;

2-Guide citizens carry appeal rights, the denunciation;

3-Keep them secret, the name, address, autographs of the report when the report asked.

Article 78 People to complain, report at the next citizens have the following rights and duties: 1 to present identification, compliance rules where next and follow the instructions of the person next to the citizens;

2-the honest presentation, provide documents related to the content of his accusations, complaints and to sign the content was presented;

3-Be Guide, explanation of the implementation of the right to complain, report;

4-send representatives to present to the next citizen in case there are many complaints, accusations about the same content;

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

Article 79 prohibits the obstruction, troubling, harassed with regard to citizen complaints, accusations, proposals, reflect.

Prohibiting the mess orderly at citizens, slander, insult the prestige, the honor of the State bodies, the duty, public service.

Chapter VI MANAGEMENT TASK to RESOLVE COMPLAINTS, accusations the thing 80 content management task to resolve a complaint, the report includes: 1-issued the text of the law, the regulations, the Charter resolve complaints, accusations;

2-advocacy, guidance and organization of the implementation of the regulations on complaints and denunciations;

3-inspection, checking the implementation of the regulations on complaints and denunciations;

4-training, fostering, public servants working to resolve complaints, accusations, next to the citizens;

5-general situation complaints, accusations and the resolution of complaints, accusations;

6-summarizing experience of the work to resolve complaints, accusations.

Article 81 the Government unified state management on work to resolve complaints, accusations of State administrative bodies within the country.

State inspectors responsible to the Government implement state management on work to resolve complaints, accusations within the authority of the Government.

Article 82 ministries, ministerial agencies, government agencies, the Commission issued implementation of State management of the work to resolve complaints, accusations within his administration; Guide and supervise the bodies, checking his organization management in the implementation of the law on complaints and denunciations; perform reporting on work to resolve complaints, accusations of government regulations.

State inspection levels help heads the same level management task to resolve complaints, accusations.

Article 83 1-Supreme People's Court, the Supreme People's Procuracy, other State agencies, political organizations, social-political organizations in Central, in the scope of the functions, duties, powers, management task to resolve complaints, accusations; periodically inform the Government about the work to resolve complaints, accusations that the resolution which was made under the provisions of the law within the scope of the Agency's management, its organization.

2-the local people's Court, local people's Procuratorate, the Agency of political organization, social-political organizations locally, in the scope of the functions, duties and powers of the management work of his complaints, accusations; periodically informed the Committee that the people of the same level of work to resolve complaints, accusations that the resolution which was made under the provisions of the law within the scope of the Agency's management, its organization.

Article 84 When needed, the Prime Minister worked with Chief Justice of the Supreme People's Court, the head of the Supreme People's Procuratorate to coordinate in resolving complaints, accusations.

The Government, the Supreme People's Court, the Supreme People's Procuratorate to periodically report to Congress, the Standing Committee of the National Assembly and President of the work to resolve complaints, accusations.

The State Inspector General to periodically report on the Government work to resolve complaints, accusations; propose measures to improve the effectiveness of the work to resolve complaints, accusations.

When necessary, the President of the people's Committee worked with the Chief Justice's courts, the people's Procuratorate Mayor the same level to coordinate in resolving complaints, accusations.

The people's Committee, the people's courts, the people's Procuratorate to periodically report the same level people's Council on work to resolve complaints, accusations in the local scope.

Chapter VII SUPERVISE COMPLAINTS, accusations section 1 MONITORING of the NATIONAL ASSEMBLY and PEOPLE'S COUNCILS Article 85 1-Congress oversees the enforcement of the law on complaints and denunciations; review annual reports of the Government, the Supreme People's Court, the Supreme People's Procuratorate about resolving complaints, accusations at the last session of the year.

2-National Committee to supervise the enforcement of the law on complaints and denunciations; consideration of the report of the Government, the Supreme People's Court, the Supreme People's Procuratorate about resolving complaints, accusations; the election monitoring group the resolution of complaints, accusations; When found to have violated the law, then asked who had the authority to terminate the violation, consider the responsibilities, handle for violators. With regard to complaints, report submitted to the Committee of the National Assembly, the National Council for the Affairs of the Congress's Committee or authorized person to research, review, if found to have violated the law, the following provisions in Article 86 of this Law points 2.

Article 86


Within the scope of its powers, duties, the Council of the nation, the Parliament's Committee responsible for: 1-organizations the delegation monitoring the complaints, accusations; ask the Agency, organization, individual departments to report on the situation of complaints, accusations and complaints, accusations;

2-upon receiving a complaint, report the research, if found to have violated the law, the authorized person requests review and resolve; If does not agree with the result that the resolution requires the head of the Agency, the superior organization directly consider, resolve; agencies, relevant organizations have a responsibility to answer the request within 7 days from the date a decision is addressed;

3-When found to have violated the law causing damage to the interests of the State, the rights, legitimate interests of citizens, agencies, the Organization shall request the authority to apply the necessary measures to put an end to the infringement, considering the responsibility, dealt with the breach.

Article 87 1-within the scope of its powers, duties, deputies, deputies to the people's councils are responsible for: a) upon receiving a complaint, the Prosecutor is responsible for the research, timely transfer to the competent person and urge, track the resolution of complaints, accusations; at the same time notify the complainant, the accused knew the move menu;

b) When found to have violated the law causing damage to the interests of the State, the rights, legitimate interests of citizens, agencies, organized the petition with the competent person to apply necessary measures to promptly terminate the violation, consider the responsibilities, handle for violators.

2-the person authorized to receive complaints, accusations by the deputies, the deputies moved to the people's Council to consider, resolve and within 7 days from the date a decision is addressed must be notified in writing to the Congress, the people's Council has moved to unit know the results.

In case it deems the resolution is not satisfactory, the deputies have the right to meet with the heads of authorities to find out, ask for a review. When necessary, the deputies have the right to request the heads of authorities granted on that Agency's resolve.

Article 88 Congressional delegation held to deputies in the next group of citizens to complain, report, recommendations, reflecting the related complaints, accusations, receiving and transferring the complaint, report to the competent person and urge, track the resolution of it. The complaints, accusations have a responsibility to consider, resolve and report the results to resolve according to the provisions in paragraph 2 of this Law 87.

In case of need, the delegation of the Congress of the Union organizations monitoring the complaints, accusations; When found to have violated the law causing damage to the lợí of the State, the rights, legitimate interests of citizens, agencies, organized the petition who are competent to adopt necessary measures to promptly terminate the violation.

Article 89 1-people's Councils of the task, the following powers: a) consider the report of the people's Committee, the people's courts, the people's Procuratorate at the same level of work to resolve complaints, accusations at the session;

b) delegates monitor the complaints, accusations in his local; When found to have violated the law causing damage to the interests of the State, the rights, legitimate interests of citizens, agencies, the Organization shall request the competent person to apply necessary measures to promptly terminate the violation and consider the responsibilities, handle for violators.

2-permanent provincial councils, district level, President of the Council in the township-level people's mission, the scope of its powers is responsible for examining and reviewing the situation to resolve complaints, accusations; upon receiving complaints, accusations are responsible for research; If found to have violated the law, the recommendations of competent person review, resolve; If does not agree with the result that recommendations addressed the head of the Agency, the superior organization directly consider, resolve; agencies, relevant organizations have a responsibility to answer petitions it within 7 days from the date of the decision.

3-The Board of the provincial councils, district level help same level councils to supervise the enforcement of the law on complaints and denunciation.

Article 90 the Agency, organization, individual owners have a responsibility to create conditions for the bodies of the National Assembly, the people's Council levels, deputies, delegation of the National Assembly, the people's Council to supervise the enforcement of the law on complaints and denunciation.

Section 2 of the MONITORING COMMITTEE of the VIETNAM FATHERLAND FRONT, the FRONT'S MEMBER ORGANIZATIONS, the ORGANIZATION of the PEOPLE'S OMBUDSMAN Article 91 1-Vietnam Fatherland Front Committee, the front's member organizations are responsible to organize the citizens to complain, report recommendations, reflecting the related complaints, accusations; upon receiving complaints, accusations, the research, the transfer of authority to resolve complaints, accusations.

2-complaints, accusations by the Vietnam Fatherland Front Committee, the Member organizations of the people must be moved to resolve a complaint, report review, resolve and within 7 days from the date a decision is addressed must be notified in writing to the Organization has moved to unit know the results 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; agencies, relevant organizations have a responsibility to answer petitions it within 7 days from the date of the decision.

Article 92 the Government, the Supreme People's Court, the Supreme People's Procuracy periodically reported to the Central Committee of the Vietnam Fatherland Front; The people's Committee, the people's Court, people's Procuratorate granted periodically reported to the National Committee the same level of work to resolve complaints, accusations.

Article 93 1-Organization the people's Ombudsman, within the scope of its powers, duties, receiving the information, the reflection of the people about the complaints, accusations and complaints, accusations in the communes, wards, towns, agencies, units of the facility; promptly detect the violations of the law on complaints and denunciations; recommendations to the President of the people's Committee, the township level heads, base unit, promptly correct the law on complaints and denunciations, monitoring the settlement.

2-level people's Committee Chairman, Township heads, the base unit is responsible for notifying the people's Ombudsman organization know the resolution of complaints, accusations in his jurisdiction and consider, resolve the recommendations of Ombudsman institutions.

Article 94 the Agency, organization, individual departments are responsible for facilitating the Vietnam Fatherland Front Committee, the front's member organizations, the Organization of people's inspectors monitor the enforcement of the law on complaints and denunciation.

Chapter VIII REWARDED and HANDLE breach of article 95 bodies, institutions, individual achievement in resolving complaints, accusations, the accusations have in preventing damage to the State, the Organization, the individual shall be rewarded according to the provisions of the law.

Article 96 The complaint resolution, to report if one of the following behaviors, then depending on the nature and extent of the violation being disciplined or suffer prejudice criminal liability; If the damage is compensated according to the provisions of the law: 1-Lack of responsibility in resolving complaints, accusations;

2-annoy, harass, obstruct the realization of the right to complain, report;


3-intentionally delaying the resolution of complaints, accusations;

4-falsify records the incident in the complaint resolution process, the denunciation;

5-complaint resolution decision, decided to denounce unlawful processing;

6-do not prompt to apply the necessary measures to end violations of the law;

7-intimidation, retaliation, retaliation complaints, accusations; cover for people with complaints, accusations;

8-do not make the request, the Agency's recommendations, the Organization and the deputies, deputies to the people's Council, the provisions of articles 15, 85, 86, 87, 88, 89, 91 and 93 of this Act;

9-in violation of the provisions of the law on complaints and denunciation.

Article 97 The next citizen if one of the following behaviors, then depending on the nature and extent of the violation being disciplined or suffer prejudice criminal responsibility: 1-Lack of responsibility to the citizens;

2-troubling, harassed or hindered people to present complaints, accusations, proposals, reflected;

3-violation of rules and regulations of the inhabitants;

4-do not promptly processed, or falsify information, the document issued by the complainant, accusations, proposals, reflecting supply;

5-violation of other provisions of the law of the citizens.

Article 98 The responsible executive decided to resolve a complaint, decide to handle accusations if no executor, then depending on the nature and extent of the violation that was disciplined, the administrative sanction or prejudice criminal liability; If the damage is compensated according to the provisions of the law.

Article 99 the head of the Agency, the competent organizations which do not apply the necessary measures to timely processing for individuals violating the provisions of article 96, article 97 and article 98 of this Act, then, depending on the nature and extent of the violation being disciplined or arrested save for criminal liability in accordance with the law.

100 things People would have one of the following behaviors, then depending on the nature and extent of the violation that was disciplined, the administrative sanction or prejudice criminal liability; If the damage is compensated according to the provisions of the law: 1-incitement, forced, seduce, bribed others claim, false accusations;

2-abuse complaints, report to distort, slander, disrupting order, causing damage to the Agency, organization or individual;

3-false accusations;

4-threats, revenge, offended the complainant, the accused, who are responsible for resolving complaints, accusations;

5-violation of the provisions of the law on complaints and denunciation.

Chapter IX PROVISIONS Enacted 101 complaints and complaints of individuals, agencies, organizations, the accusations and addressed accusations of foreign individuals in Vietnam are applied according to the provisions of this law, except in the case of international treaties to which the Socialist Republic of Vietnam signed or otherwise.

Article 102 Government detailing and guiding the implementation of this law; pursuant to this law, other State agencies, political organizations, social-political organizations guide the implementation of the law on complaints and denunciation in the scope of the Agency, held his own.

Article 103 of this Law are effective since January 1, 1999.

Ordinance on the complaint of the citizen on May 7, 1991 expired, since this Act has effect.

The previous provisions this law are repealed.

This law was the National Assembly of the Socialist Republic of Vietnam X key, session 4 through December 1998.