To ensure the right to complain, report of the citizen, the strengthened legislation, promote Socialist democracy, protect the interests of the State, the collective, the rights and lawful interests of citizens;
Pursuant to article 73 and article 100 of the Constitution of the Socialist Republic of Vietnam;
This Ordinance regulates the right to complaints, accusations and complaints of the citizens.
Chapter I GENERAL PROVISIONS Article 1 1-citizens have the right to complain to the competent State agencies of the decision or the making of unlawful administrative management domain of State agencies or State employees, violated the rights, legitimate interests.
Appeal rights of citizens with regard to the decision of the body conducting criminal proceedings, civil, arbitration by the economic criminal law, civil, economic arbitration regulations.
2-citizens have the right to report to the competent State agencies about the unlawful employment of State bodies, organizations, social organizations, people's armed units, collectively known as agencies, organizations or individuals in the Agency held that cause damage or threatened damage State's interests , of the collective, rights and legitimate interests of citizens.
Article 2 the competent State agencies, according to the provisions of the law are responsible for promptly, impartially complaints, accusations of citizens; strict handling of the infringement, to 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.
When necessary, the State Council, the people's Council, the Central and municipal level elections test group to review the situation of complaints, accusations and complaints of the citizens.
Article 3 complaints, accusations and the resolution of complaints, accusations must comply with the law.
Not an agency, organization or individual would be unlawful intervention on the complaints, accusations and the resolution of complaints, accusations.
Decision to resolve complaints, accusations of competent State agencies must be the agencies, organizations and all citizens to respect; individual, agency, organization departments must strictly observance.
The victims are recovering the rights, legitimate interests have been compromised and are compensated. Agencies, organizations and individuals who cause damage to the processor and to compensate the victims in accordance with the law.
Article 5 The Agency, held in collaboration with the responsible State authorities have jurisdiction in the resolution of complaints, accusations of citizens.
Individuals, agencies, relevant organizations have a responsibility to provide the information and documents required by the competent State bodies.
Complaints, accusations of citizen journalism Agency moved to must be State agencies have jurisdiction and announce the results to resolve under the provisions of the Press Law.
The press agency, if posted or broadcast complaints, accusations, they must ensure the integrity and must take responsibility for the posted or broadcast it.
Article 6 complaints, accusations of citizens by the deputies, deputies to the people's councils moved to the competent authority must be resolved and the announcement of results for deputies, deputies to the people's Council.
Article 7 prohibits any acts impedes, in revenge the complainant, report, covering people with complaints, accusations; agitation, forced complaints, accusations untrue; taking advantage of the right to complain, report to distort, slander, harm the interests of the State, the collective, the legitimate rights and interests of citizens.
Chapter II of the COMPLAINT and the COMPLAINT RESOLUTION section 1 RIGHTS and OBLIGATIONS of the COMPLAINANT and the PERSON COMPLAINED of Article 8 1-the complainant has the right to: a) submit, directly present or through his legal representative to complain to the competent State agencies;
b) received the complaint resolution decision of the competent State agencies;
c) restored the rights, legitimate interests have been violated and compensation for damages.
2-the complainant is obliged to present honest, provide information, documentation and are responsible for the content and presentation of information, document it.
Article 9 1-person with the complaint have the right to: a) to give evidence about the legality of the decisions or the work complained of;
b) received the complaint resolution decision of the competent State agencies;
c) recommendations with the competent State agencies to review the Agency's decision was addressed.
2-person with the complaint is obliged to: a) to review the decision or that jobs were his complaint and to reply to the complainant in writing;
b) award process with the competent State agencies as required;
c) accepted the complaint resolution decision of authorized State agencies.
Section 2 JURISDICTION a COMPLAINT Article 10 1-complaints against employees that the content relating to the responsibilities of management of the Agency, then that agency heads have a responsibility to solve.
2-complaints against the decision or the making of agency heads, heads of agencies that have the responsibility to solve.
Article 11 the Chief Justice Inspector of the district, County, town, and city in the province has the responsibility to resolve complaints that the President of the people's Committee of the communes, wards and towns or the heads of specialized agencies in the district people's Committee, district, town or city in the open, but litigants also claims or had discovered new details or the resolution of signs of breaking the law.
Article 12 Chief Justice Inspector of the Department has the responsibility to resolve complaints that heads the agency administered directly by the Department Director has settled, but litigants also claims or had discovered new details or the resolution of signs of breaking the law.
Article 13 the Chief Inspector of the central cities, and equivalent responsibility to resolve complaints that the Chairman of the district people's Committee, district, town, city in the province, the Director of the Department were resolved first, but litigants also claims or had discovered new details or the resolution of signs violate the law; When necessary, appeal the decision to resolve complaints by the Chief Inspector, Chief Inspector of the district, County, town, city in the province.
Article 14 the Chief Justice Inspector, State committees, bodies in the Council of Ministers has the responsibility to resolve complaints that heads the agency administered directly by the Secretary, the Chairman of the State Committee, the agency heads in the Council of Ministers has to solve first, but litigants also claims or had discovered new details or the resolution of signs of violation the law.
Article 15 the Chairman of the district people's Committee, district, town, city in the province, the Director of the Department, the provincial people's Committee Chairman, central cities and equivalent, Minister, Chairman of the State Committee, the agency heads in the Council of Ministers reviewed, out decides on complaints against decisions to resolve complaints by the Chief Inspector of the same level when there is an appeal of the superior inspection organization directly or found new details or detect the signs violated the law. This decision is the final decision.
Article 16

Minister, Chairman of the State Committee, the agency heads in the Council of Ministers, according to the State Administration function specialization to resolve complaints against the decision of the Secretary, the Chairman of the State Committee, the agency heads in the Council of Ministers, Chairman of the provincial people's Committee, central cities and the level to which the content of State management of the or his profession.
Article 17 1-State Inspector General review and decision on the appeal against the decision of the Secretary, the Chairman of the State Committee, the agency heads in the Council of Ministers said in article 16 of this Ordinance. The decision by the State Inspector General's final decision.
2-When necessary, the State Inspector General to protest the decision to resolve complaints by the Chief Inspector of the central cities, and equivalent, Chief Inspector of the Ministry, State Committee, the Agency belonging to the Council of Ministers.
Section 3 PROCEDURE for RESOLVING COMPLAINTS Article 18 the complainant submit or directly presented with competent State authorities, the complainant must specify the reasons and request. This agency is responsible for accepting, and litigants; When necessary, the parties privy to to settle.
Article 19 duration of complaints is six months from the date of the administrative decision or unlawful employment, except where the law otherwise.
Article 20 Not resolve complaints in the following cases: 1-time limits complaints has expired without good reason;
2-the complainant's mental disease or a disease lose the ability or the ability to control his behavior without legal representation;
3-the complaint had the final decision of the competent State bodies.
Article 21 the Agency received a complaint in his jurisdiction, then within ten days from the date of the notice to the complainant to know; the complaint is not in the jurisdiction must then return the Privy and guide them to the competent State authorities.
Article 22 time limit complaints first not so thirty days from the date of receiving the complaint; the next each time not through sixty days from the date of the appeal or complaint; in the case must proceed to the inspection, the time limits prescribed by the law on the Ombudsman.
Article 23 agencies have complaint resolution must send the complainant decided to settle. So the time limit that the complaint is not resolved or have a base that the resolution does not correct the law, within fifteen days from the date of the decision, the complainant has the right to complain to the competent State agencies specified in section 2 of chapter II of this Ordinance with the following documents : 1-a complaint;
2-the Agency's decision was addressed, if available.
Article 24 the resolution of a complaint must be made in the record are: 1-the complaint or grievance reply records;
2-the decision complained of;
3-minutes, concluded, verification, inspection, if any;
4-decide to resolve the complaint.
Article 25 complaint resolution decision must specify the content, evidence of the legality or illegality of decisions or acts complained of, pursuant to law, objects and time limit for enforcement or personal requirements, agency, organization departments to resolve issues under the jurisdiction of the Agency that, organisations.
This decision is addressed to the complainant, the person who complained, personal, relevant organizations, agencies, institutions and the heads of the upper level directly.
Article 26 complaint resolution decision has in effect that has not been executed, the heads had decided to apply the measures taken under the authority or request the authorities handled in accordance with the law to guarantee the enforcement of the decision or ask people's Procuracy settled according to the provisions of the law.
Chapter III of the REPORT and the RESOLUTION REPORT section 1 RIGHTS and OBLIGATIONS of the PERSON ACCUSED and REPORTED 27 1 Thing-Who accused have the right to: a) submit or directly presented with competent State bodies. Denunciation stating the name, address of the report and the content of the report;
b) require a secret name, address, his autographs;
c) asked to be notified of results to resolve accusations.
2-the person accused is obliged to present the realistic and responsible for the content of the report and the evidence that you put out.
Article 28 1-person with reported reserves: a) given evidence to refute the content of the report;
b) restored the rights, legitimate interests have been compromised because of the accusations are not true cause; request the competent State agencies handled the deliberately false accusations.
2-the person being accused is obliged: a) to be present at the request of the competent State agencies;
b) accepted the decision to settle accusations by the competent authority.
Section 2 JURISDICTION REPORT Article 29 denunciation of the staff that the content relating to the responsibilities of management of the Agency, then that agency heads have a responsibility to solve.
Accusations that heads the content related to the Agency's management accountability, superior heads of the Agency which is responsible for resolving.
Article 30 denunciation that content related to state management functions of the Agency, then that agency is responsible for resolving.
Report violation by the administrative bodies competent sanctioning administrative violations resolved.
Accusations of criminal acts by the authorities or the people's Procuratorate.
Article 31 The State inspection organisation to resolve accusations that agency heads directly subordinate of the heads the same level was solved, but had discovered new details or the resolution of signs of breaking the law.
Article 32 the State Inspector General to resolve accusations against the Minister, the Chairman of the State Committee, the agency heads in the Council of Ministers, Chairman of the provincial people's Committee, central cities and equivalent; the accusations that those who speak in this open, but discovered new details or the resolution of signs of breaking the law.
Article 33 the President of the Council of Ministers to consider, decide the resolution of State Inspector General about the accusations against the Minister, the Chairman of the State Committee, the agency heads in the Council of Ministers, Chairman of the provincial people's Committee, central cities and level when discovered new details or the resolution of signs of breaking the law.
Article 34 the people's Procuratorate, people's court levels are responsible for resolving accusations about what their jurisdiction under the provisions of the law.
Section 3 PROCEDURE for RESOLVING ACCUSATIONS the thing 35 People accused of sending single or directly presented with competent State bodies. This agency is responsible for accepting and litigants. If the content of the report is not in his jurisdiction, the Agency had received must promptly moved to the Agency have jurisdiction; in urgent cases, must report immediately to the competent authorities to take measures in time to prevent violations of the law.
The agency receiving the application, resolves accusations must ensure confidentiality for the accusations. Prohibiting the disclosure of the report or denunciation, denunciation, copy the logs to the denunciations, organizations or individuals.
Article 36

1-receiver report in his jurisdiction are accepting within ten days from the date of receiving.
2-the deadline to resolve accusations not exceeding sixty days from the date of the report, unless otherwise specified by law; as for the service, the complexities, the supervisor may be renewed, but not more than sixty days. In the case must proceed to the inspection, the time limits prescribed by the law on the Ombudsman.
Article 37 if there is evidence that the settlement report is not lawful or too time limit which the competent State agencies don't resolve, then the accused has the right to report to the superior agency directly.
Chapter IV ADMINISTRATION of the WORK to RESOLVE COMPLAINTS, accusations the thing 38 Ministerial Council unified management task to resolve complaints, denunciations in nationwide.
The State Inspector General made the right Inspector for the State ministries in the implementation of the law on complaints and denunciation.
Article 39 the Minister, Chairman of the State Committee, heads the Council of Ministers in the management, guidance, urge, check the right agency in resolving complaints, accusations of citizens.
Chairman of people's Committee of management the work to resolve complaints, accusations of local in scope; Guide and supervise the agencies checked in resolving complaints, accusations.
The Chief Inspector of the departments managing the work of complaint resolution, denounced the jurisdiction.
Article 40 the Council of Ministers, the people's committees to periodically report the situation to resolve complaints, accusations of citizens with the State Council and the people's Councils at the same level, at the same time inform the Fatherland Front Committee of the same level.
The people's Procuratorate granted Prosecutor obeys the laws of bodies in resolving complaints, accusations of citizens.
Article 41 front Element and the front's member organizations monitoring the complaints, accusations, educate the people make serious law on complaints and denunciation.
Article 42 the Ombudsman Board the people monitoring the complaints, accusations of people's Committee of the communes, wards and towns, heads, his unit; cooperation with the authorities in resolving complaints, accusations.
Chapter V REWARDED and HANDLE breach of article 43 bodies, institutions, individual achievement in resolving complaints, accusations are rewarded according to the General rules of the State.
The accusations have in preventing damage to the State, the collective, the citizens shall be rewarded.
Article 44 anyone taking advantage of position and powers because of service or other personal motives that hinder, complainant, revenge report; cover for people with complaints, accusations, not executive decisions to resolve complaints, accusations of competent State agencies; who would provoke, forced claims, false accusations, complaints, rights abuse accusations to distort, slander, do take the order, cause damage to the security agencies, organizations or citizens or violating the provisions of this Ordinance, then, depending on the extent and nature of violations that were disciplined administrative sanction, or prejudice criminal liability; If the damage compensation.
Chapter VI FINAL PROVISIONS Article 45 this Ordinance replaced the Ordinance regulating the review and resolution of complaints of citizens on November 27, 1981.
The provisions of this Ordinance are left before removal.
Article 46 this Ordinance has effect as from 1 August 1991.
Article 47 the Council of Ministers detailing the implementation of this Ordinance.