Tiếng Việt- 1 Decree no. 53/2005/ND-CP of April 19, 2005 detailing and guiding the implementation of the law on complaints and denunciations and the law amending and supplementing a number of articles of the law on complaints and denunciations
- 2 Decree No. 62/2002/ND-CP of June 14, 2002, amending and supplementing a number of articles of the Government’s Decree No. 67/1999/ND-CP of August 7, 1999 which detailed and guided the implementation of the law on complaints and denunciations
- 3 Decree No. 67/1999/ND-CP of August 7, 1999, detailing and guiding the implementation of The Law on Complaints and Denunciations
- 4 Decree of Government No. 136/2006/ND-CP of November 14, 2006 detailing and guiding the implementation of a number of articles of The Law on complaints and denunciations and The Laws amending and supplementing a number of articles of The Law on complaints and denunciations
- 1 Law No. 26/2004/QH11 of June 15, 2004 amending and supplementing a number of articles of The Law on complaints and denunciations
- 2 Law No. 58/2005/QH11 of November 29, 2005, amending and supplementing a number of articles of the Law on Complaints and Denunciations.
- 3 Law No: 42/2013/QH13 dated 25 November 2013, on reception of citizens
| THE NATIONAL ASSEMBLY | SOCIALIST REPUBLIC OF VIET NAM |
| No: 09/1998/QH10 | Hanoi, December 02, 1998 |
ON COMPLAINTS AND DENUNCIATIONS
(No. 09/1998/QH10 of December 2, 1998)
In order to ensure that complaints and/or denunciations are made and settled lawfully, thus contributing to the promotion of democracy, the enhancement of socialist legal system, and the protection of the interests of the State as well as the legitimate rights and interests of citizens, agencies and organizations;
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam;
This law prescribes complaints and denunciations and the resolution thereof.
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2. Citizens are entitled to denounce to competent agencies, organizations or individuals illegal acts committed by any agencies, organizations and/or individuals, which cause damage or threaten to cause damage to the interests of the State and/or the legitimate rights and interest of citizens, agencies and/or organizations.
Article 2.- In this law, the following terms shall be construed as follows:
1. "To complain" means that citizens, agencies, organizations or public employees, according to the procedures prescribed by this law, propose competent agencies, organizations and/or individuals to review administrative decisions, administrative acts or disciplinary decisions against public employees when having grounds to believe that such decisions or acts contravene laws and infringe upon their legitimate rights and interests.
2. "To denounce" means that citizens, according to the procedures prescribed by this law, report to competent agencies, organizations and/or individuals on illegal acts of any agencies, organizations and/or individuals, which cause damage or threaten to cause damage to the interests of the State and/or the legitimate rights and interests of citizens, agencies and/or organizations.
3. "Complainants" are citizens, agencies, organizations or public employees who exercise their right to complaints.
4. "Eligible complaining agencies and organizations" include the State bodies, political organizations, socio-professional organizations, social organizations, socio-political organizations, economic organizations, People’s Armed Forces units.
5. "Denunciators" are citizens who exercise their right to denunciation.
6. "The complained" shall include agencies, organizations and individuals, whose administrative decisions, administrative acts and/or disciplinary decisions are complained about.
7. "The denounced" shall include agencies, organizations and individuals, whose acts are denounced.
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9. "The denunciation settler" means agencies, organizations and individuals, that are competent to settle denunciations.
10. "An administrative decision" is a written decision issued by a State administrative agency or a competent person in a State administrative agency and applied once to one or several particular objects for a specific matter in the administrative management activities.
11. "An administrative act" is an act of a State administrative agency and/or a competent person in a State administrative agency during the performance of tasks and/or public duties as prescribed by law.
12. "A disciplinary decision" is a written decision of the head of an agency or organization to apply one of such disciplinary forms as reprimand, warning, wage reduction, demotion, dismissal from office or sack against a public employee in his/her charge according to the provisions of legislation on public employees.
13. "Complaint settlement" means the verification, conclusion and issuance of settlement decision by the complaint settler.
14. "Denunciation settlement" means the verification of, and conclusion on, the denunciation contents, and the issuance of handling decision by a denunciation settler.
15. "The final complaint settlement decision" is a decision that has the implementation effect and thereby the complainant is not entitled to further complain thereabout.
16. "The legally effective decisions on complaint settlement" shall include the final complaint settlement decisions; the initial complaint settlement decision about which the complainants have, within the complaining timelimits prescribed by law, failed to further complain or to initiate administrative lawsuits in courts; and the subsequent complaint settlement decisions about which the complainants have, within the complaining timelimits prescribed by law, failed to further complain.
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The denunciation settlers shall have to study and make conclusion on the denunciation contents; if any violations are found they must promptly deal with or request competent persons to deal with the violators.
The victims shall have their legitimate rights and interests, which are infringed upon, restored, be compensated for damage as prescribed by law.
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Press agencies shall report on complaints and denunciations and the settlement of complaints and denunciations in according with the provisions of the Press Law after full verification thereof and take responsibility before law for such reports.
COMPLAINTS AND SETTLEMENT OF COMPLAINTS ABOUT ADMINISTRATIVE DECISIONS, ADMINISTRATIVE ACTS
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1. The complainant shall have the following rights:
a/ To make complaints by themselves or through their lawful representatives;
b/ To receive written replies on the acceptance of complaints for settlement; to receive decisions on complaint settlement;
c/ To be entitled to the restoration of their legitimate rights and interests which were infringed upon, and to the compensation for damage according to the provisions of law.
d/ To be entitled to further their complaints or initiate administrative lawsuits in courts according to the provisions of this law as well as the administrative procedures legislation;
e/ To withdraw their complaints at any time during the process of settlement.
2. The complainants shall have the following obligations:
a/ To complain to the right persons with settling competence;
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c/ To strictly abide by the legally effective decisions on complaint settlement.
1. The complained shall have the following rights:
a/ To show evidence of the legality of the complained administrative decisions and/or administrative acts;
b/ To receive the complaint settlement decisions of the subsequent complaint settler regarding the complaints they have settled, but the complainants have furthered.
2. The complained shall have the following obligations:
a/ To receive and settle complaints about the administrative decisions and/or administrative acts; to send written notices on the receipt of complaints for settlement as well as settlement decisions to complainants and take responsibility before law for their settlement; in cases where complaints are forwarded by agencies, organizations and/or responsible person, the latter must be informed of the settlement or settlement results according to the provisions of this law;
b/ To make justifications for the complained administrative decisions and/or administrative acts and to provide relevant information and documents when requested by competent bodies, organizations and/or individuals;
c/ To strictly abide by legally effective decisions on complaint settlement;
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SECTION 2. COMPETENCE TO SETTLE COMPLAINTS
1. To settle complaints about their own administrative decisions and/or administrative acts;
2. To settle complaints which have already been settled by presidents of the commune-level People’s Committees or heads of agencies attached to the district-level People’s Committees, but further made.
1. To settle complaints about the administrative decisions and/or administrative acts of their own or officials or employees under their direct management;
2. To settle complaints which have already been settled by persons defined in Article 21 of this law, but still further made.
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1. To settle complaints about their own administrative decisions and/or administrative acts;
2. To settle complaints which have already been settled by Presidents of the district-level People’s Committees but further made; these shall be the final decisions on the settlement of such complaints;
3. To settle complaints which have already been settled by directors of departments under the provincial-level People’s Committees or by equivalent levels, but further made with contents falling under the scope of management of the provincial-level People’s Committees; these shall be the final decisions on the settlement of such complaints.
a/ To settle complaints about administrative decisions and/or administrative acts of their own, and/or of officials and employees under their direct management;
b/ To settle complaints which have already been settled by persons defined in Article 24 of this law, but further made;
c/ To settle complaints which have been first settled by presidents of the provincial-level People’s Committee and complaints which have already been settled by directors of departments or equivalent levels under the provincial-level People’s Committees but further made with contents falling under the State management scope of their respective ministries or branches.
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Article 26.- The State Inspector-General shall have the competence:
1. To settle complaints which have already been solved by heads of the agencies attached to the Government but further made, except for complaints settled by decisions of heads of the agencies under the Government, namely ministers; these shall be the final decisions on the settlement of such complaints;
2. To verify, make conclusion on and propose the resolution of, complaints under the Prime Minister’s jurisdiction;
3. To settle complaints under the Prime Minister�s authorization according to the Government�s regulations;
4. To propose the Prime Minister to reconsider final decisions on complaint settlement, which are found having violated law, thus causing damage to interests of the State as well as the legitimate rights and interests of citizens, agencies and organizations.
a/ To verify, make conclusion on and propose the resolution of, complaints which fall under the settling competence of the Presidents of the People’s Committees of the same level;
b/ To settle complaints under the authorization of the presidents of the People’s Committees of the same level according to the Government’s regulations.
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1. The Prime Minister shall have the competence to make the final decisions on the settlement of:
a/ Complaints which have already been settled by ministers or heads of the ministerial-level agencies but further made, except for those with final settlement decisions;
b/ Particularly complicated complaints involving many localities and many fields of State management.
2. The Prime Minister shall have the competence to reconsider the final complaint settling decisions which have violated laws, causing damage to interests of the State as well as the legitimate rights and interests of citizens, agencies or organizations.
2. The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the provincial-level People’s Committees shall settle disputes over the complaint-settling competence among agencies and units under their management.
SECTION 3. COMPLAINTS, PROCEDURES FOR SETTLEMENT THEREOF
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In cases where a complainant cannot exercise his/her right to complain within such statute of limitation due to his/her illness, natural calamities, enemy sabotage, his/her travel to distant places for mission or study or due to other objective obstacles, the duration when such obstacles exist shall not be calculated into the statute of limitation for the complaint.
1. The complained administrative decisions and/or administrative acts do not directly relate to the complainants’ legitimate rights and interests;
2. The complainants have no full acity for their acts while having no lawful representatives, except otherwise provided for by law;
3. The representatives are unlawful;
4. The statute of limitations for complaints and the timelimit for further complaints have expired;
5. The complaints have been settled by final decisions;
6. The complaints have been accepted by courts for settlement or already settled by the court judgements and/or decisions.
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2. Where the complainants come to make complaints personally, the responsible officials shall have to guide them to make the complaints in writing or record their contents, as prescribed in Clause 1 of this Article, with the signatures of the complainants.
3. Where the complaints are made through the complainants� representatives, the latter shall have to show papers evidencing the legality of their representation, and the complaint-making must comply with the procedures prescribed in Clause 1 and Clause 2 of this Article.
In deep-lying or distant areas difficult to access, the timelimit for the first settlement of a complaint shall not exceed 45 days after the receipt of the complaint for settlement; for a complicated case, such timelimit may be longer but shall not exceed 60 days after the receipt of complaint for settlement.
The first complaint settler shall have to issue the complaint settlement decision in writing and send it to the complainant and persons with related rights and interests; when necessary, such a decision shall be publicly announced to the complainant and the complained person.
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1. The day, month and year when the decision is issued;
2. The names and addresses of the complainant and the complained as well;
3. The complained contents, which are true, partially true or totally untrue;
4. The legal grounds of the complaint;
5. Retaining, amending or canceling part or whole of the administrative decision; terminating the administrative acts which are complained about; the settling of specific matters in the complained contents;
6. Compensation to victims (if any);
7. The right to further lodge complaints or initiate an administrative lawsuit at court.
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The suspension timelimit shall not exceed the remainder of the settlement timelimit. The suspension decision must be addressed to the complainant, the prior complaint settler and persons with related rights and interests. When the reason(s) for suspension is(are) deemed no longer existing, the suspension decision must be immediately cancelled.
In deep-lying and distant areas with difficulties in travel, the timelimit for each subsequent settlement of a complaint shall not exceed 60 days from the date of receiving it for settlement; for a complicated case or matter, such timelimit may be longer but shall not exceed 70 days from the date of receiving it for settlement.
1. In the course of subsequent settlements, the complaint settler shall have the rights to:
a/ Request the complainant to provide information, documents and evidences on the complained contents;
b/ Request the complained person to make a written justification for the complained contents;
c/ Request the prior complaint settler, concerned individuals, agencies and organizations to provide information, documents and evidences related to the complained contents;
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e/ Make on-spot verification;
f/ Request an evaluation and apply other measures according to law.
2. Individuals, agencies and/or organizations, upon the receipt of requests prescribed in Clause 1 of this article, shall have to meet them.
a/ Day, month, year when the decision is issued;
b/ Names and addresses of the complainant and the complained person;
c/ Contents of the complaint;
d/ Evaluation and verification results;
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f/ Conclusion on the complained contents and the settlement by the previous settler;
g/ Retaining, amending, canceling or requesting to amend, cancel part or whole of the administrative decision; terminating the administrative act which is complained about; settling particular issues in the complained contents;
h/ Compensation for damage (if any);
i/ The right to further lodge the complaint; in case of a final complaint-settling decision, it must be clearly stated therein.
2. Decisions on subsequent complaint settlements must be addressed to the complainant, the prior settler, persons with related rights and interests and the written complaint sender within 7 days after the issuance of the settlement decisions.
a/ The written complaint or the recorded version of the verbal complaint;
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c/ The records on the examination, verification, conclusion, evaluation results;
d/ The complaint-settling decision;
e/ Other relevant documents.
2. The complaint settlement dossiers must be page-numbered according to the document order and kept according to the provisions of law. In cases where a complainant further lodges his/her complaint or initiate an administrative lawsuit in court, such a dossier must be handed over to the agency or court with settling competence when requested.
COMPLAINTS AND SETTLEMENT OF COMPLAINTS ABOUT DECISIONS TO DISCIPLINE PUBLIC EMPLOYEES
Complaints made by officials and public employees who are members of political organizations and socio-political organizations about the disciplinary decisions made according to charters shall be settled according to the charters of such organizations.
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a/ The day, month and year of issuing the decision;
b/ The names and addresses of the complainant and the complained person;
c/ The complained content, which is true, partly true or totally untrue;
d/ The legal ground(s) for the settlement of the complaint;
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f/ Compensation to the victim for damage (if any).
2. The complaint-settling decision must be addressed to the complainant and concerned agencies as well as organizations.
Within 30 days after receiving it for settlement, the next competent settler shall have to consider it and issue a written decision on the settlement of the complaint; for a complicated case or matter, the complaint settling timelimit may be longer, but shall not exceed 45 days from the date of receiving it for settlement. This shall be the final decision on the settlement of the complaint.
DENUNCIATIONS AND SETTLEMENT THEREOF
SECTION 1. RIGHTS AND OBLIGATIONS OF THE DENUNCIATOR AND THE DENOUNCED
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1. The denunciator shall have the following rights:
a/ To send written denunciations or personally make denunciations to competent agencies, organizations and/or individuals;
b/ To request the confidentiality of his/her name, address and autographs;
c/ To request the notification of the denunciation settlement results;
d/ To request protection by competent agencies and/or organizations when being threatened, retaliated or revenged.
2. The denunciator shall have the following obligations:
a/ To honestly present the denunciation contents;
b/ To clearly state his/her name, surname and address;
c/ To take responsibility before law for his/her untrue denunciation.
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1. The denounced shall have the following rights:
a/ To be informed of the denunciation contents;
b/ To show evidences in order to prove that the denunciation content is not true;
c/ To have his/her legitimate rights and interests, which were infringed upon, as well as his/her honor, restored; to be compensated for the damage caused by untrue denunciations;
d/ To request competent agency(ies), organization(s) and/or individual(s) to deal with the person(s) who made the untrue denunciations.
2. The denounced shall have the following obligations:
a/ To make justification for the denounced act(s); to provide relevant information and/or documents when so requested by competent agency(ies), organization(s) and/or individual(s);
b/ To strictly abide by the denunciation-handling decisions of competent agencies, organizations or individuals;
c/ To compensate for the damage and overcome the consequences, caused by his/her illegal act(s).
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Denunciations of acts which violate the regulations on tasks and public duties and are committed by persons of any agencies or organizations shall be settled by the heads of such agencies or organizations.
Denunciations of acts which violate the regulations on tasks and public duties and are committed by heads of any agencies or organizations shall be settled by heads of their immediate higher-level agencies or organizations.
Denunciations of criminal acts shall be settled by agencies engaged in legal proceedings according to the criminal procedures legislation.
Article 62.- The chief inspectors at all levels shall have the competence to:
1. Verify, make conclusions on, and propose measures to settle, denunciations under the jurisdiction of the heads of the agencies of the same level, when so assigned;
2. Consider and make conclusions on denunciation contents which have already been settled but in contravention of law by heads of the agencies immediately under the heads of the agencies of the same level; in cases where a denunciation settlement is concluded as having breached law, a petition shall be made to the person who has reviewed and rehandled the case.
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1. Verify, make conclusion on and propose measures to settle denunciations under the Prime Minster�s jurisdiction, when so assigned;
2. Consider and make conclusions on denunciations which have already been settled but in contravention of law by ministers, heads of ministerial-level agencies, heads of agencies attached to the Government and presidents of the provincial-level People’s Committees; in cases where a denunciation settlement is concluded as having breached law, a petition shall be made to the person who has reviewed and rehandled the case.
SECTION 3. PROCEDURES FOR DENUNCIATION SETTLEMENT
In case of urgency, denunciation-receiving agencies, organizations and/or individuals shall have to immediately notify it to responsible agencies so that measures shall be taken in time to prevent law-breaking acts; and have to apply necessary measures to ensure the safety of denunciators upon their requests.
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1. To ensure the objectivity, honesty and lawfulness in handling denunciations;
2. To request denunciators to provide evidence and/or documents related to the denunciation contents;
3. To request denounced persons to make written justification for the denounced acts;
4. To request concerned individuals, agencies and/or organizations to provide information and/or documents related to denunciation contents;
5. To request expertise inspection and apply other measures according to law.
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1. The denunciation settlement must be made into dossiers. Such a dossier shall include:
a/ The written denunciation or the recorded version of an oral denunciation;
b/ The report on verification, expertise results, documents and evidences gathered in the process of handling;
c/ The written justification by the denounced;
d/ The conclusion on the denunciation contents; the written proposal on handling measures;
e/ The handling decision;
f/ Other relevant documents.
2. The denunciation-settling dossiers must be page-numbered according to file sequence and kept according to the provisions of law. In case of request by competent agencies, organizations and/or individuals, the dossiers shall be transferred to them.
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The State bodies shall have to arrange places convenient for citizens to come and make complaints, denunciations, proposals and/or reports related to complaints or denunciations.
At the citizen-receiving places, the citizen-receiving time-tables and rules must be posted up.
a/ The presidents of the commune-level People’s Committees shall meet citizens for at least one day a week;
b/ The presidents of the district-level People’s Committees, for at least two days a month;
c/ The presidents of the provincial-level People’s Committees, at least one day a month;
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2. The State inspectorates at all levels and other State agencies shall have to regularly organize the citizen-receptions according to the provisions of law.
Article 77.- Persons receiving citizens shall have to:
1. Receive complaints and denunciations as well as reports related thereto;
2. Guide citizens to exercise their right to complaints and denunciations;
3. To keep secret the names, surnames, addresses and autographs of denunciators upon their request.
1. To produce their personal papers; abide by the rules thereat and follow the citizen-receiving persons’ guidances;
2. To honestly present cases and matters; provide documents related to their complaints and/or denunciations and sign for confirmation of the contents presented;
3. To be provided with guidances and explanations on the exercise of the right to complaints and denunciations;
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5. To be entitled to complain about and/or denounce acts of wrong doing, obstruction, trouble-making, or harassment committed by citizen-receiving persons.
The acts of causing disorders at citizens-receiving places, and slandering as well as harming the prestige and honor of State bodies and/or people performing their tasks or public duties are strictly prohibited.
MANAGEMENT OF COMPLAINT AND DENUNCIATION SETTLEMENT
Article 80.- The management of complain and denunciation settlement shall embrace:
1. The promulgation of legal documents, regulations and rules on the settlement of complaints and denunciations;
2. Popularization, provision of guidance for and organization of the implementation of, regulation on complaints and denunciations;
3. The inspection and control of the observance of complaint and denunciation regulations;
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5. Sum-up of situation on complaints and denunciations and the settlement thereof;
6. Review and drawing of experience from the complaint and denunciation settlement.
The State inspectorates shall be responsible to the Government for exercising the State management over the settlement of complaints and denunciations falling under the Government’s jurisdiction.
The State inspectorates at all levels shall assist the heads of agencies of the same levels to manage the complaint and denunciation settlement.
2. The local people’s courts, the local people’s procuracies and locally-based offices of political organizations as well as socio-political organizations shall, within their respective functions, tasks and powers, manage the complaint and denunciation settlement; and periodically report to the People’s Committees of the same levels on the settlement according to law provisions of complaints and denunciations falling within their respective scopes of management.
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The Government, the Supreme People’s Court and the Supreme People’s Procuracy shall periodically report to the National Assembly, the National Assembly Standing Committee and the State President on the work of complain and denunciation settlement.
The State Inspector General shall periodically report to the Government on the work of complaint and denunciation settlement, and propose measure to raise the efficiency of the complaint and denunciation settlement.
When necessary, the presidents of the People’s Committees shall discuss with the chief judges of the people’s courts and heads of the people’s procuracies of the same levels on the coordinated settlement of complaints and denunciations.
The People’s Committees, the People’s Court and the People’s Procuracies shall periodically report to the People’s Councils of the same levels on the settlement of complaints and denunciations within their respective localities.
SUPERVISION OF COMPLAINT AND DENUNCIATION SETTLEMENT
SECTION 1. SUPERVISION BY THE NATIONAL ASSEMBLY AND PEOPLE’S COUNCILS
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1. Organize teams to supervise the complaint and denunciation settlement; request the concerned agencies, organizations and individuals to report on the complaint and denunciation situation as well as the settlement thereof;
2. Study the complaints and/or denunciations after receiving them; request competent people to consider and settle acts of law violation when they are detected, and if disagreeing with the settlement thereof, request the heads of the immediate higher-level agencies or organizations to consider and settle; the concerned agencies and/or organizations shall have to reply such a request within 7 days after the issuance of the settlement decision;
3. Upon detection of any violations of law, which have caused damage to the interests of the State, and/or the legitimate rights and interests of citizens, agencies and/or organizations, request competent people to apply necessary measures in order to stop such violations, consider liabilities and deal with violators.
a/ Upon the receipt of complaints and denunciations, consider, promptly transfer them to competent people, then urge and monitor the settlement of such complaints and denunciations; and at the same time inform the complainants and/or denunciators of such transfer;
b/ Upon detection of any violations of law, which have caused damage to the interests of the State and/or the legitimate rights and interests of citizens, agencies and/or organizations, propose competent people to apply necessary measures in order to put a timely end to the violations, consider liabilities and deal with violators.
2. The competent people, upon the receipt of complaints and denunciations transferred by National Assembly deputies and People’s Council deputies shall have to consider and settle them within 7 days after the issuance of settlement decision then notify the National Assembly deputies and the People’s Council deputies who have transferred such written complaints and denunciations of the settlement results.
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In case of necessity, a National Assembly deputies delegation may organize a team to supervise the settlement of complaints and denunciations, which, upon detection of any law violations causing damage to the interests of the State and/or the legitimate rights and interests of citizens, agencies and/or organizations, shall propose competent people to apply necessary measures in order to put a timely end to the violations.
1. The People’s Councils of all levels shall have the following tasks and powers:
a/ To consider at their sessions reports of the People’s Committees, the People’s Courts and the People’s Procuracies of the same levels on the settlement of complains and denunciations;
b/ To nominate teams to supervise the settlement of complaints and denunciations in their respective localities; upon detection of any law violations which have caused damage to the interests of the State as well as the legitimate rights and interests of citizens, agencies and/or organizations, to request competent people to apply necessary measures in order to put a timely end to the violations, consider liabilities and deal with the violators.
2. The Standing Bodies of the People’s Councils of the provincial and district levels and the chairmen of the commune-level People’s Councils shall, within the ambit of their respective tasks and powers, to inspect and consider the situation of complaint and denunciation settlement; to study the complaints and denunciations they have received; request competent people to consider and settle any detected violations of law, and, if disagreeing with the settlement results, to request the heads of the immediate superior agencies and organizations to consider and settle; the concerned agencies and organizations shall have to reply such a request within 7 days after the issuance of a settlement decision.
3. Sections of the provincial-and district-level People’s Councils shall assist the People’s Councils of the same levels in supervising the observance of the complaint and denunciation legislation.
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2. Complaints and denunciations transferred by the Vietnam Fatherland Front and/or its member organizations must be considered and settled by complaint and denunciation settlers, who shall, within 7 days after the issuance of a settlement decision, have to notify in writing the settlement results to the organizations that have transferred the complaints and denunciations; if disagreeing with such settlement results, the latter may request the immediate superior agencies or organizations to consider and settle them; the concerned agencies and organizations shall have to reply such a request within 7 days after the issuance of the settlement decision.
2. The presidents of the commune-level People’s Committees and the heads of grassroots agencies and units shall have to notify the people’s inspectorates of the settlement of complaints and denunciations under their respective jurisdiction, and consider and settle proposals made by the people’s inspectorates.
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1. Showing irresponsibility in the settlement of complaints and denunciations;
2. Causing troubles or harassments, obstructing the exercise of the right to complaints and denunciations;
3. Deliberately delaying the settlement of complaints and/or denunciations;
4. Falsifying complaint and/or denunciation dossiers in the course of settlement thereof;
5. Issuing complaint and/or denunciation-settling decisions in contravention of law;
6. Failing to promptly apply necessary measures to stop acts of law violation;
7. Threatening, retaliating and/or revenging complainant(s) and/or denunciator(s); covering and protecting complained and/or denounced person(s);
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9. Violating other provisions of complaint and denunciation legislation.
1. Showing irresponsibility in receiving citizens;
2. Causing troubles or harassment, or obstructing persons who come and present complaints, denunciations, proposals, reports;
3. Violating the citizens- receiving rules and regulations;
4. Failing to promptly handle or falsifying or distorting information and documents provided by complainants, denunciators, proposal and/or report makers;
5. Violating other law provisions on receiving citizens.
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1. Inciting, forcing, inducing, buying off others to make false complaints and/or denunciations;
2. Taking advantage of the right to complaints and denunciations to make distortions, slanders, to foment disorder, cause damage to agencies, organizations and/or individuals;
3. Making false denunciations;
4. Threatening, retaliating, insulting complainants, denunciators and persons responsible for the settlement of complaints and denunciations;
5. Violating other provisions of complaint and denunciation legislation.
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The May 7, 1991 Ordinance on citizens’ complaints and denunciations is no longer effective from the date this law takes effect; all previous regulations contrary to this law are now annulled.
This law was passed by the Xth National Assembly of the Socialist Republic of Vietnam at its fourth session on December 2, 1998.
THE NATIONAL ASSEMBLY
Nong Duc Manh
- 1 Law No. 58/2005/QH11 of November 29, 2005, amending and supplementing a number of articles of the Law on Complaints and Denunciations.
- 2 Law No. 02/2011/QH13 of November 11, 2011, on complaints
- 3 Law No. 03/2011/QH13 of November 11, 2011, on Denunciations
- 4 Law No: 42/2013/QH13 dated 25 November 2013, on reception of citizens
- 5 Law No: 42/2013/QH13 dated 25 November 2013, on reception of citizens
- 1 Decision No. 95/2007/QD-BNN dated November 27, 2007
- 2 Decision No. 822/QD-TTCP of April 25, 2007, issuing regulation on regime of inspection reports
- 3 Decree of Government No. 136/2006/ND-CP of November 14, 2006 detailing and guiding the implementation of a number of articles of The Law on complaints and denunciations and The Laws amending and supplementing a number of articles of The Law on complaints and denunciations
- 4 Decree no. 53/2005/ND-CP of April 19, 2005 detailing and guiding the implementation of the law on complaints and denunciations and the law amending and supplementing a number of articles of the law on complaints and denunciations
- 5 Decree No. 67/1999/ND-CP of August 7, 1999, detailing and guiding the implementation of The Law on Complaints and Denunciations
- 6 1992 Constitution of the Socialist Republic of Vietnam
- 1 Decision No. 2985/2007/QD-BNG of November 29, 2007, promulgating the regulation on organization and operation of the fund for assisting overseas Vietnamese citizens and legal entities.
- 2 Decision No. 95/2007/QD-BNN dated November 27, 2007
- 3 Decision No. 822/QD-TTCP of April 25, 2007, issuing regulation on regime of inspection reports
- 4 Order No. 31/2005/L-CTN of December 12, 2005, on the promulgation of law.
- 5 Order No. 15/2004/L-CTN of June 24, 2004 on the promulgation of Law