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first-In case the complainant disagrees with the first-time complaint settlement decision or the complaint remains unsettled although past the prescribed time limit, he/she may make a ti

This Law regulates on complaints and settlement of complaints against administrative decisions

or acts of state administrative agencies or competent persons in these agencies; complaints andsettlement of complaints related to disciplinary decisions against cadres or civil servants;

reception of citizens; management and supervision of complaint settlement work

Article 2 Interpretation of terms

In this Law, the terms below are construed as follows:

1 Complain means that a citizen, agency, organization, cadre or civil servant, according to the

procedures prescribed in this law, requests a competent agency, organization or person to review

an administrative decision or act of a state administrative agency or competent person in suchagency, or a disciplinary decision against a cadre or civil servant when having grounds to believethat such decision or act is unlawful and infringes upon his/her/its rights and lawful interests

2 Complainant means a citizen, agency, organization, cadre or civil servant who exercises the

right to complaint

3 Withdrawal of a complaint means that a complainant requests a competent agency,

organization or person to terminate his/her/its complaint

4 Agencies or organizations entitled to complaint mean state agencies, political organizations,

socio-political organizations, social organizations, socio-professional organizations, economicorganizations and people's armed forces units

5 The complained subject means a state administrative agency or a competent person in thisagency that has issued an administrative decision or committed an administrative act which iscomplained; a competent agency, organization or individual that has issued a decision

disciplining a cadre or civil servant which is complained

6 Complaint settler means an agency, organization or person that is competent to settle a

complaint

7 Persons with related rights and obligations mean individuals, agencies or organizations that

are neither a complainant nor the complained subject but the complaint settlement is related totheir rights and obligations

8 Administrative decision means a document which is issued by a state administrative agency or

a competent person in such agency to decide on a specific issue in state administration

management activities and is applied once to one or several specific subjects

9 Administrative act means an act of a state administrative agency or a competent person in such

agency of performing or failing to perform a task or official duty as prescribed by law

10 Disciplinary decision means a written decision issued by the head of an agency or

organization in order to apply one of forms of disciplining against a cadre or civil servant underhis/her management under the law on cadres and civil servants

11 Complaint settlement means the acceptance, verification, conclusion and issuance of a

decision on complaint settlement

Article 3 Application of the law on complaints and settlement of complaints

1 Complaints of foreign agencies, organizations and individuals in Vietnam and settlement ofthese complaints comply with this Law, unless otherwise provided for by treaties to which theSocialist Republic of Vietnam is a contracting party

2 Complaints and settlement of complaints against administrative decisions or administrativeacts in public non-business units and state enterprises comply with this Law

The Government shall specify this Clause

3 Based on this Law, competent bodies of political organizations, socio-political organizations,social organizations and socio-professional organizations guides complaints and settlement ofcomplaints within their bodies or organizations

4 Based on this Law, the Supreme People's Court, Supreme People's Procuracy, State Audit,National Assembly Office, President Office and other state agencies regulate complaints andsettlement of complaints within their agencies.

5 In case another law otherwise provides for complaints and settlement of complaints, such lawwill prevail

Article 4 Principle of making complaints and settlement of complaints

The making complaints and settlement of complaints must comply with law; ensure

objectiveness, publicity, democracy and timeliness

Article 5 Responsibilities for settlement of complaints and coordinate in settling

complaints

1 Agencies, organizations and individuals shall, within the scope of their functions, tasks andpowers, promptly and lawfully receive and settle complaints and strictly handle offenders; applynecessary measures to prevent potential damage; assure for complaint settlement decisions to bestrictly executed and take responsibility before law for their decisions

2 Concerned agencies and organizations shall coordinate with competent agencies, organizationsand individuals in settling complaints; supplying information and documents relating to

complaints at the request of these competent agencies, organizations and individuals

3 Agencies, organization and individuals shall check and review their administrative decisions

or acts or disciplinary decisions, and promptly modify or remedy these decisions or acts that areillegal, to avoid arising complaints

The State encourages reconciliation of disputes among agencies, organizations and individualsbefore competent agencies, organizations or persons settle such disputes

Article 6 Prohibited acts

1 Obstructing or causing troubles to persons exercising the right to complain; threatening,revenging or retaliating complainants

2 Showing irresponsibility in settling complaints; refusing to settle complaints; falsifying

information, documents and dossiers of complaint case; intentionally settling complaints atvariance with law

3 Have decision on complaint settlement which is not in the form of written decision

4 Covering up the complained subjects or illegally intervening in the complaint settlement

5 Intentionally making untruthful complaints

6 Provoking, instigating, forcing, inducing, buying off or dragging other people to gather inmasses for making complaints, disturbing security and order at public places.

7 Taking advantage of complaints to propagate against the State or infringe upon the State'sinterests; distorting, slandering, threatening or offending the prestige or honor of agencies,organizations or persons responsible for settling complaints, or other persons executing theirtasks or official duties

8 Violating regulations on citizen reception

9 Violating other provisions of the law on complaints and settlement of complaints

Chapter 2

COMPLAINTS ABOUT ADMINISTRATIVE DECISIONS, ADMINISTRATIVE ACTS Section 1 COMPLAINTS

Article 7 Order of making a complaint

1 When having grounds to believe that an administrative decision or administrative act is

unlawful or directly infringes upon his/her rights and lawful interests, a person may make a time complaint with the person who has issued such administrative decision or the agency thatmanages the person who has committed such administrative act, or institute an administrativelawsuit at court in accordance with the Law on Administrative Procedures

first-In case the complainant disagrees with the first-time complaint settlement decision or the

complaint remains unsettled although past the prescribed time limit, he/she may make a time complaint with the direct superior of the person competent to settle the first-time complaint

second-or institute an administrative lawsuit at court in accsecond-ordance with the Law on AdministrativeProcedures

In case the complainant disagrees with the second-time complaint settlement decision or thecomplaint remains unsettled though past the prescribed time limit, he/she has right to institute anadministrative lawsuit at court in accordance with the Law on Administrative Procedures

2 For an administrative decision or administrative act of a Minister, head of a Ministerial-levelagency or Government- attached agency (hereinafter referred to as Minister), the complainantmay make a complaint with the Minister or institute an administrative lawsuit at court in

accordance with the Law on Administrative Procedures

In case the complainant disagrees with the complaint settlement decision of the Minister or thecomplaint remains unsettled though past the prescribed time limit, he/she may institute an

administrative lawsuit at court in accordance with the Law on Administrative Procedures

3 For an administrative decision or administrative act of the chairperson of the People's

Committee of a province or centrally-run city (hereinafter referred to as provincial People'sCommittee), the complainant may make a first-time complaint with the chairperson of the

provincial-level People's Committee or institute an administrative lawsuit at court in accordancewith the Law on Administrative Procedures

In case the complainant disagrees with the first-time complaint settlement decision of the

chairperson of the provincial-level People's Committee or the complaint remains unsettled

though past the prescribed time limit, he/she may make a second-time complaint with the

Minister managing the related sector or field or institute an administrative lawsuit at court inaccordance with the Law on Administrative Procedures

In case the complainant disagrees with the second-time complaint settlement decision of theMinister or the complaint remains unsettled though past the prescribed time limit, he/she mayinstitute an administrative lawsuit at court in accordance with the Law on Administrative

Procedures

Article 8 Forms of complaint

1 Complaints may be made in written or verbal form

2 In case complaints are made in written form, the written complaint must clearly indicate thedate of complaint; the full name and address of the complainant; the name and address of thecomplained agencies, organizations or individuals; contents of and reason for the complaint;documents related to complaint contents and the request of the complainant for settlement Thewritten complaint must be signed or fingerprinted by the complainant

3 In case the complainant makes a verbal complaint, the complaint recipient shall guide thecomplainant in making a written complaint or record in writing the complaint and request thecomplainant to sign or fingerprint in such record for confirmation, which clearly writes thecontents specified in clause 2 of this Article

4 In case many persons jointly make a complaint about the same content, procedures shall beimplemented as follows:

a/ For a verbal complaint of many persons at the same time, the competent agency shall receiveand guide these complainants in appointing a representative to present the complaint contents;the complaint recipient shall record in writing the complaint, clearly writing the contents

specified in clause 2 of this Article The reception of a complainant of many persons complieswith Chapter V of this Law;

b/ For a written complaint made by many persons, such complaint must clearly write the contentsspecified in clause 2 of this Article, include the signatures of complainants, and appointment of arepresentative to present their opinions at the requests of complaint settler

c/ The Government shall detail this clause

5 In case a complaint is made by a representative, such representative must be one of the

complainants, have a paper proving legality of representation, and implement the complaint asprescribed by this Law

Article 9 Statute of limitation for making a complaint

The statute of limitation for making a complaint is 90 days, after receiving an administrativedecision or knowing or being informed of an administrative decision or act

In case a complainant fails to exercise the right to complain in accordance with the statute oflimitation due to illness, natural disaster, enemy sabotage, working mission or study in a distantplace or another objective obstacle, the period during which such obstacle exists is not countedinto the statute of limitation for making a complaint

Article 10 Withdrawal of complaints

A complainant may withdraw his/her complaint at any time in the course of complaint and itssettlement; a written request for withdrawal must be made, signed or fingerprinted by the

complainant and sent to the person competent to complaint settlement

When receiving a written request for complaint withdrawal, the person competent to complaintsettlement shall suspend the complaint settlement and notify such suspension in writing to thecomplainant

Article 11 Complaints not eligible to be accepted for settlement

A complaint falling into one of the following cases is not accepted for settlement:

1 It is about an administrative decision or act within a state agency for directing and organizingthe performance of tasks and official duties; an administrative decision or act related to directionand administration by an administrative agency toward its subordinate administrative agency; anadministrative decision containing legal rules issued by competent agencies, organizations orpersons according to the order and procedures prescribed in law on promulgation of legal

documents; an administrative decision or act involving a state secret in the field of defense,security or foreign affairs as listed by the Government;

2 It is about an administrative decision or act not directly related to the rights and lawful

interests of the complainant;

3 The complainant has no full civil act capacity and no a lawful representative;

4 The complaint is implemented by an unlawful representative;

5 There is no signature or fingerprint of complainant in the written complaint;

6 The statute of limitations or time limit for making a complaint has expired but the complainanthas no legitimate reason;

7 A second-time complaint settlement decision has been issued;

8 There is a written notice of suspension of the complaint settlement and the complainant doesnot continue making complaint during 30 days after the issuance of such notice;

9 It has been accepted by a court for settlement or has been settled under a court judgment ordecision other than a court’s decision on suspension of the settlement of an administrative case

Section 2: RIGHTS AND OBLIGATIONS OF COMPLAINANTS, THE COMPLAINED SUBJECTS, COMPLAINT SETTLERS, LAWYERS AND LEGAL AID OFFICERS Article 12 Rights and obligations of complainants

1 A complainant has the following rights:

a/ To make a complaint by him/herself

In case the complainant is a minor or has lost, his/her civil act capacity, his/her representative atlaw may implement a complaint

In case the complainant is ill or old and weak or has a physical defect or encounters an objectivecircumstance which causes him/her unable to implement a complaint, he/she may authorizehis/her parent, spouse, blood sibling or adult child or another person with full civil act capacity toimplement a complaint;

b/ To ask a legal counsel or authorize a lawyer to make a complaint to protect his/her rights andlawful interests

In case the complainant is eligible for legal aid as specified by law, he/she is entitled to ask alegal aid officer to provide legal consultancy or authorize a legal aid officer to make a complaint

to protect his/her rights and lawful interests;

c/ To participate in dialogs or authorize a lawful representative to do so;

d/ To be entitled to know, read, photocopy or copy documents and evidences collected by thecomplaint settler for settling his/her complaint, except information and documents involvingstate secrets;

dd/ To request relevant persons, agencies and organizations that are preserving or managinginformation and documents related to his/her complaint contents to provide such information anddocuments within 07 days after being requested for submission to the complaint settler, exceptinformation and documents falling in state secrets;

e/ To request the complaint settler to apply urgent measures to prevent possible consequences ofthe execution of the complained administrative decision;

g/ To show evidences of the complaint and make explanation on his/her opinions for theseevidences;

h/ To receive a written reply on the acceptance of the complaint for settlement, to receive thecomplaint settlement decision;

i/ To have his/her infringed rights and lawful interests restored; to receive damage

compensations in accordance with law;

k/ To make a second-time complaint or institute an administrative case at court in accordancewith the Law on Administrative Procedures;

l/ To withdraw his/her complaint

2 A complainant has the following obligations:

a/ To make a complaint with the right person who is competent to settlement;

b/ To honestly present the matter and show evidences of the correctness and reasonability of thecomplaint; to provide relevant information and documents to the complaint settler; to takeresponsibility before law for the presented contents and provided information and documents:

c/ To abide by the administrative decision or act about which he/she makes a complaint pendingthe complaint settlement, unless such decision or act is suspended from execution as prescribed

in Article 35 of this Law;

d/ To strictly abide by the legally effective complaint settlement decision

3 Complainants shall also implement other rights and obligations as prescribed by law

Article 13 Rights and obligations of the complained subject

1 A complained subject has the following rights:

a/ To show evidences of the legality of the complained administrative decision or act;

b/ To be entitled to know, read, photocopy or copy documents and evidences collected by thecomplaint settler for settling the complaint, except information and documents falling in statesecrets;

c/ To request relevant persons, agencies and organizations that are preserving or managinginformation and documents relating to the complaint contents to provide such information and

documents within 07 days after being requested for submission to the complaint settler, exceptinformation and documents falling in state secrets;

d/ To receive the second-time complaint settlement decision

2 A complained subject has the following obligations:

a/ To participate in dialogs or authorize a lawful representative to do so;

b/ To abide by the decision on verification of complaint contents issued by the agency or unitcompetent to settle the complaint;

c/ To provide information and documents relating to the complaint contents and make

explanations about the legality and correctness of the complained administrative decision or act

at the request of the complaint settler or the examining or verifying agency or unit within 07 daysafter being requested;

d/ To strictly abide by the legally effective complaint settlement decision:

dd/ To modify or cancel the complained administrative decision or to terminate the complainedadministrative act;

e/ To pay compensations for damages caused by his/her/its illegal administrative decision or act

in accordance with the Law on the State's compensation liability

3 The complained subject shall implement other rights and obligations as prescribed by law

Article 14 Rights and obligations of first-time complaint settlers

1 A first-time complaint settler has the following rights:

a/ To request the complainant and relevant agencies, organizations and persons to provide

information, documents and evidences within 07 days after request, for use as a basis for settlingthe complaint;

b/ To decide application or cancellation of urgent measures as prescribed in Article 35 of thisLaw

2 A first-time complaint settler has the following obligations:

a/ To receive the complaint and notify in writing the complainant, the agency, organization orperson competent to forward the complaint and the state inspectorate at the same level of theacceptance of the complaint for settlement with respect to complained administrative decision oract;

b/ To settle the complaint about an administrative decision or act when the complainant requests;

c/ To organize dialogs with the complainant, the complained subject and relevant agencies,organizations and persons;

d/ To send the complaint settlement decision to the complainant and take responsibility beforelaw for the complaint settlement; for a complaint forwarded by a competent agency, organization

or person, to have to notify settlement results to such agency, organization or person in

accordance with law;

e/ To provide information, documents and evidences relating to the complaint contents at therequest of the complainant; to provide the complaint settlement dossier at the request of thesecond-time complaint settler or court

3 First-time complaint settlers shall settle the payment of compensations for damage caused byadministrative decisions or acts in accordance with the Law on the State's compensation liability

4 First-time complaint settlers shall implement other rights and obligations as prescribed by law

Article 15 Rights and obligations of second-time complaint settlers

1 A second-time complaint settler has the following rights:

a/ To request the complainant, complained subject and relevant agencies, organizations andpersons to provide information, documents and evidences within 07 days after request, for use as

a basis for settling the complaint;

b/ To decide on application or cancellation of urgent measures specified in Article 35 of thisLaw;

c/ To summon relevant agencies, organizations and persons to participate in dialogs;

d/ To request an expertise;

e/ To consult the advisory council when necessary

2 A second-time complaint settler has the following obligations:

a/ To receive and accept the complaint for settlement and make a dossier of the complaint casefalling under his/her/its settling competence;

b/ To examine and verify the content of complaint;

c/ To organize dialogs with the complainant, the complained subject and relevant agencies,organizations and persons

d/ To issue and publicize the complaint settlement decision;

e/ To provide information and documents relating to the complaint contents at the request of thecomplainant, complained subject or court.

3 Second-time complaint settlers shall implement other rights and obligations as prescribed bylaw

Article 16 Rights and obligations of lawyers and legal aid officers

1 A lawyer or legal aid officer has the following rights:

a/ To participate in the course of complaint settlement as requested by the complainant;

b/ To implement the rights and obligations of the complainant when being authorized to do so;

c/ To verify and collect evidences relating to the complaint contents as requested by the

complainant and provide evidences to the complaint settler;

d/ To study the case file, photocopy and copy documents and evidences relating to the complaintcontents for protecting the rights and lawful interests of the complainant, except information anddocuments falling in state secrets

2 A lawyer or legal aid officer participating in the complaint settlement has the followingobligations:

a/ To produce his/her lawyer or legal aid officer card and a decision on assignment to providelegal aid, written request for legal aid or power of attorney of the complainant;

b/ To strictly comply with contents and scope under the complainant's authorization

3 Lawyers and legal aid officers shall implement other rights and obligations as prescribed bylaw

Chapter 3

SETTLEMENT OF COMPLAINTS Section 1 COMPLAINT-SETTLING COMPETENCE

Article 17 Competence of chairpersons of People's Committees of communes, wards or townships and heads of agencies of People's Committees of rural districts, urban districts, towns or provincial cities

Chairpersons of People's Committees of communes, wards or townships (hereinafter referred to

as commune-level People's Committees), heads of agencies of People's Committees of ruraldistricts, urban districts, towns or provincial cities (hereinafter referred to as district-level

People's Committees) are competent to settle first-time complaints about their administrative

decisions or acts or administrative decisions or acts of responsible persons who are directlymanaged by them.

Article 18 Competence of chairpersons of district-level People's Committees

1 To settle first-time complaints about their administrative decisions or acts

2 To settle second-time complaints about administrative decisions or acts of chairpersons ofcommune-level People's Committees, heads of agencies of district-level People's Committeeswhich have been settled for the first time but still be complained or in case first-time complaintsremain unsettled in spite the settlement time limit expires

Article 19 Competence of heads of agencies of provincial departments and equivalent levels

Heads of agencies of provincial departments and equivalent levels are competent to settle time complaints about their administrative decisions or acts or administrative decisions or acts ofcadres or civil servants who are directly managed by them

first-Article 20 Competence of directors of provincial departments and equivalent levels

1 To settle first-time complaints about their administrative decisions or acts or administrativedecisions or acts of cadres or civil servants who are directly managed by them

2 To settle second-time complaints about administrative decisions or acts of heads of agencies

of provincial departments and equivalent levels which have been settled for the first time but still

be complained or in case first-time complaints remain unsettled in spite the settlement time limitexpires

Article 21 Competence of chairpersons of provincial People's Committees

1 To settle first-time complaints about their administrative decisions or acts

2 To settle second-time complaints about administrative decisions or acts of chairpersons ofdistrict-level People's Committees, directors of provincial departments and equivalent levelswhich have been settled for the first time but still be complained or in case first-time complaintsremain unsettled in spite the settlement time limit expires

3 To settle disputes over the complaint-settling competence among agencies and units undertheir management

Article 22 Competence of heads of agencies of Ministries, Ministerial-level agencies or Government-attached agencies

Heads of agencies of Ministries, Ministerial-level agencies or Government-attached agencies(hereinafter referred to as heads of agencies of Ministries) are competent to settle complaints

about their administrative decisions or acts or administrative decisions or acts of cadres or civilservants who are directly managed by them.

Article 23 Competence of Ministers

1 To settle first-time complaints about their administrative decisions or acts or administrativedecisions or acts of cadres or civil servants who are directly managed by them

2 To settle second-time complaints about administrative decisions or acts of heads of agencies

of ministries which have been settled for the first time but still be complained or in case time complaints remain unsettled in spite the settlement time limit expires

first-3 To settle second-time complaints about administrative decisions or acts of chairpersons ofprovincial-level People's Committees with contents falling under the state management

competence of ministries or sectors which have been settled for the first time but still be

complained or in case first-time complaints remain unsettled in spite the settlement time limitexpires

4 To settle disputes over the complaint-settling competence among agencies and units undertheir management scope

Article 24 Competence of the Government Inspector General

1 To assist the Prime Minister in monitoring, inspecting and urging Ministries, Ministerial-levelagencies, Government-attached agencies and People's Committees at all levels in the reception ofcitizens, settlement of complaints and execution of legally effective complaint settlement

decisions

2 In case of detecting violations of the law on complaints which harm the interests of the State,rights and lawful interests of citizens, agencies or organizations, to propose the Prime Minister orcompetent persons to apply necessary measures to terminate these violations, consider liabilityand handle offenders

Article 25 Competence of chief inspectors at all levels

1 To assist heads of state management agencies of the same level in examining, verifying,making conclusions on, or proposing the settlement of complaints falling under the competence

of these persons when assigned

2 To assist heads of state management agencies of the same level in monitoring, inspecting andurging agencies directly managed by these persons in the reception of citizens, settlement ofcomplaints and execution of legally effective complaint settlement decisions

In case of detecting violations of the law on complaints which harm the interests of the State,rights and lawful interests of citizens, agencies or organizations, to propose heads of state

management agencies at the same level or competent persons to apply necessary measures toterminate these violations, consider liability and handle offenders.

Article 26 Competence of the Prime Minister

1 To lead the complaint settlement of Ministries, Ministerial-level agencies, attached agencies and People's Committees at all levels

Government-2 To settle proposals of the Government Inspector General specified in clause 2, Article 24 ofthis Law

3 To direct the handling of disputes over complaint-settling competence among Ministries,Ministerial-level agencies, Government-attached agencies and provincial People's Committees

Section 2: ORDER AND PROCEDURES FOR SETTLING FIRST-TIME COMPLAINTS Article 27 Acceptance of complaints for settlement

Within 10 days after receiving a complaint under his/her competence but not falling into any ofthe cases specified in Article 11 of this Law, a person competent to settle first-time complaintsmust accept such complaint for settlement; notify such in writing to the complainant, competentagency, organization or person that has forwarded such complaint, and the state inspectorate ofthe same level In case of refusal to accept the complaint, he/she must clearly state the reasonthereof

Article 28 Time limit for settling first-time complaints

The time limit for settling a first-time complaint does not exceed 30 days after the complaint isaccepted For a complicated case, this time limit may be prolonged but must not exceed 45 daysafter the complaint is accepted

In deep-lying or remote areas with difficult travel conditions, the time limit for settling a

complaint is 45 days after the complaint is accepted For a complicated case, this time limit may

be prolonged but must not exceed 60 days after the complaint is accepted

Article 29 Verification of complaint contents

1 Within the time limit specified in Article 28 of this Law, a person competent to settle a time complaint has following duties:

first-a/ Review his/her administrative decision or act or the administrative decision or act of theresponsible person who is directly managed by him/her, and if the complaint is correct, he/shewill promptly issue a complaint settlement decision;

b/ If having no ground to make conclusions on the complaint contents, he/she will conductverification by himself/herself before making conclusions on complaint contents, or assign a

slate inspectorate of the same level or a responsible agency, organization or person (hereinafterreferred to as person responsible for verification) to verify the complaint contents and proposethe complaint settlement.

2 The verification must be conducted in an objective, accurate and timely manner through thefollowing forms:

a/ Direct examination and verification at the place arising complaint;

b/ Examination and verification based on documents and evidences provided by the complainant,the complained subject and related agencies, organizations and persons;

c/ Other forms as prescribed by law

3 A person responsible for verification has the following rights and obligations:

a/ To request the complainant, the complained subject and related agencies, organizations andpersons to provide information and documents on and evidences of the complaint contents;b/ To request the complainant, the complained and related agencies, organizations and persons toexplain in writing about contents relating to complaint;

c/ To summon the complainant, the complained subject and related agencies, organizations andpersons;

d/ To request an expertise;

dd/ To carry out other examination and verification measures as prescribed by law;

e/ To report on verification results and take responsibility before law for these results

4 A report on verification results includes the following contents:

e/ Conclusions and proposals on complaint settlement contents

Article 30 Organization of dialogs

1 In the course of settlement of a first-time complaint, if the request of the complaint and results

of verification of its contents are different, the complaint settler shall organize dialogs with thecomplainant, the complained subject, persons with related rights and obligations and relevantagencies, organizations and persons to clarify the contents of complaint, the complainant's

request and the direction of complaint settlement Dialogs must be carried out in a public anddemocratic manner

2 The complaint settler shall notify in writing the complainant, the complained subject, personswith related rights and obligations and relevant agencies and organizations of the dialog time,place and contents

3 During a dialog, the complaint settler must clearly state contents subject to the dialog andresults of verification of the complaint contents; dialog participants have right to present theiropinions and show evidences relating to the complaint and their requests

4 A dialog must be made in a minutes Such minutes must clearly record opinions of dialogparticipants and results, with the signatures or fingerprints of dialog participants In case a dialogparticipant refuses to sign or fingerprint in the minutes, the reason therefore must be clearlyrecorded This minutes shall be kept in the complaint case file

5 Dialog results serve as a basis for complaint settlement

Article 31 First-time complaint settlement decisions

1 First-time complaint settlers must issue complaint settlement decisions

2 A first-time complaint settlement decision must include the following contents:

a/ Date of issuing decision;

b/ Names and addresses of the complainant and the complained subject;

c/ Complaint contents;

d/ Results of verification of complaint contents;

dd/ Dialog results (if any);

e/ Legal grounds for complaint settlement;

g/ Conclusions on complaint contents;

h/ Upholding, modification, supplementation or cancellation of part or the whole of the

complained administrative decision, terminating the complained administrative act; settlement ofspecific matters in the complaint;

i/ Payment of compensations for persons suffered damage (if any);

j/ The right to file a second-time complaint and the right to institute an administrative lawsuit atcourt

3 In case many persons complain about the same content, a person competent to complaintsettlement shall consider, make conclusions on complaint contents and based on such

conclusions to issue a complaint settlement decision to each complainant or issue a complaintsettlement decision enclosed with a list of complainants

Article 32 Sending of first-time complaint settlement decisions

Within 03 working days after issuing a complaint settlement decision, the first-time complaintsettler shall send such complaint settlement decision to the complainant, the his/her direct

superior or competent person, persons with related rights and obligations, the agency,

organization or person that has forwarded the complaint and the state inspectorate at the samelevel

Article 33 Filing of second-time complaints or institution of administrative cases

1 Within 30 days after the expiration of the complaint settlement time limit specified in Article

28 of this Law, if a first-time complaint remains unsettled, or after receiving a first-time

complaint settlement decision, if the complainant disagrees with this decision, he/ she may makeanother complaint with a person competent to settle second-time complaints; for deep-lying orremote areas with difficult travel conditions, this time limit may be prolonged but must notexceed 45 days

For making second-lime complaints, the complainant must send a second-time complaint

enclosed with the first-time complaint settlement decision and relevant documents to a personcompetent to settle second-lime complaints

2 Upon the expiration of the complaint settlement time limit specified in Article 28 of this Law,

if a first-time complaint remains unsettled or the complainant disagrees with the first-timecomplaint settlement decision, he/she has right to institute an administrative lawsuit at court inaccordance with the Law on Administrative Procedures

Article 34 Complaint settlement dossiers

1 The settlement of complaints must be made into a dossier A complaint settlement dossierincludes:

a/ A written complaint or a record of complaining statements:

b/ Documents and evidences provided by parties;

c/ Written records of examination, verification, conclusions and results of expertise (if any);

d/ Minutes of dialogs (if any);

dd/ A complaint settlement decision;

e/ Other relevant documents

2 A complaint settlement dossier must be numbered on pages according to the order of itsdocuments and preserved in accordance with law In case a complainant institutes an

administrative case at court, such dossier must be transferred to the court with jurisdiction tosettle the complaint at its request

Article 35 Application of urgent measures

In the course of complaint settlement, if finding the execution of the complained administrativedecision will cause irremediable consequences, the complaint settler must issue a decision tosuspend the execution of such decision The suspension duration must not exceed the remainingduration of the settlement time limit The suspension decision must be sent to the complainant,the complained subject, persons with related rights and obligations and other persons responsiblefor the execution When finding the reason for suspension no longer exists, the complaint settlermust promptly cancel such suspension decision

Section 3: ORDER AND PROCEDURES FOR SETTLING SECOND-TIME

COMPLAINTS

Article 36 Acceptance of second-time complaints for settlement

1 Within 10 days after receiving a complaint under his/her competence but not falling into any

of the cases specified in Article 11 of this Law, a person competent to settle second- time

complaints must accept such complaint for settlement; and notify such in writing to the

competent complainant, agency, organization or person that has forwarded such complaint, andthe state inspectorate of the same level In case of refusal to accept the complaint, he/she mustclearly state the reason thereof

2 For a complicated case, when finding it is neccessary, a second-time complaint settler may set

up an advisory council to give advice on the complaint settlement

Article 37 Time limit for settling second-time complaints

The time limit for settling a second-time complaint does not exceed 45 days after the complaint

is accepted For a complicated case, this time limit may be prolonged but must not exceed 60days after the complaint is accepted

In deep-lying or remote areas with difficult travel conditions, the time limit for settling a

complaint is 60 days after the complaint is accepted For a complicated case, this time limit may

be prolonged but must not exceed 70 days after the complaint is accepted

Article 38 Verification of second-time complaint contents

Persons competent to settle second-time complaints shall base on the contents and nature of thesecomplaints to conduct verification, make conclusions on complaint contents or assign personsresponsible for verifying complaint contents and proposing the complaint settlement The

verification complies with clauses 2, 3 and 4, Article 29 of this Law

Article 39 Organization of second-time dialogs

In the course of settlement of a second-time complaint, the complaint settler shall carry outdialogs with the complainant, the complained subject, persons with related rights and obligationsand relevant agencies, organizations and persons to clarify complaint contents, the complainant'srequest and the direction of complaint settlement Second-time dialogs shall comply with Article

30 of this Law

Article 40 Second-time complaint settlement decisions

1 Second-time complaint settlers must issue complaint settlement decisions

2 A second-time complaint settlement decision must have the following contents:

a/ Date of issuing decision;

b/ Names and addresses of the complainant and the complained subject;

c/ Complaint contents;

d/ Results of the first-time complaint settlement;

dd/ Results of verification of complaint contents;

e/ Dialog results (if any);

g/ Legal grounds for complaint settlement;

h/ Conclusion that complaint contents are wholly or partially correct or wholly wrong In casecomplaint contents are wholly or partially correct, the complaint settler shall request the personwhose administrative decision is complained to modify or cancel part or the whole of suchdecision or terminate the complained administrative act In case complaint contents are

concluded to be wholly wrong, the complaint settler shall request the complainant and personswith related rights and obligation to strictly execute the administrative decision or the

administrative act;

i/ Payment of compensations for persons who suffered damages (if any);

k/ The right to institute an administrative case at court

Article 41 Sending and publicizing complaint settlement decisions

1 Within 07 days after issuing a complaint settlement decision, the second-time complaint settlermust send it to the complainant, the complained subject, the first-time complaint settler, personswith related rights and obligations, and the competent agency, organization or person that hasforwarded the complaint

2 The second-time complaint settler shall choose one or several forms of public notification asfollows:

a/ Announcement at a meeting of the agency or organization where the complained subjectworks;

b/ Listing at the office or citizen reception place of the agency or organization that has settled thecomplaint;

c/ Notification in the mass media

3 The Government shall detail the public notification of complaint settlement decisions

Article 42 Institution of administrative cases

Upon the expiration of the complaint settlement time limit specified in Article 37 of this Law, if

a complaint remains unsettled or a complainant disagrees with a second-time complaint

settlement decision, he/she has right to institute an administrative case at court in accordancewith the Law on Administrative Procedures

Article 43 Second-time complaint settlement dossiers

The settlement of a second-time complaint must be made into a dossier as prescribed in Article

34 of this Law and enclosed with written opinions of the advisory council (if any)

Section 4: EXECUTION OF LEGALLY EFFECTIVE COMPLAINT SETTLEMENT DECISIONS

Article 44 Legally effective complaint settlement decisions

1 A first-time complaint settlement decision takes effect after 30 days from the date of issuance,provided the complainant does not make a second-time complaint; for deep-lying or remote areaswith difficult travel conditions, this time limit may be prolonged but not exceed 45 days

2 A second-time complaint settlement decision takes effect after 30 days from the date of

issuance; for deep-lying or remote areas with difficult travel conditions, this time limit may beprolonged but not exceed 45 days

3 In case a complainant disagrees with a complaint settlement decision, he/she may institute anadministrative case at court in accordance with the Law on Administrative Procedures.

4 A legally effective complaint settlement decision is effective for immediate execution

Article 45 Persons responsible for executing legally effective complaint settlement

decisions

1 Complaint settlers;

2 Complainants;

3 The complained subject;

4 Persons with related rights and obligations

5 Relevant agencies, organizations and persons

Article 46 Execution of legally effective complaint settlement decisions

1 Complaint settlers shall, within the ambit of their tasks and powers, direct agencies,

organizations and individuals under their management in organizing the execution of legallyeffective complaint settlement decisions In case of necessity, they may request functionalagencies to take measures to ensure the execution of legally effective complaint settlementdecisions; organize the execution or assume the prime responsibility for, and coordinate withconcerned organizations and agencies in, taking measures to restore the rights and lawful

interests of complainants; propose other agencies or organizations to settle matters relating to theexecution of complaint settlement decisions (if any)

2 When a complaint settlement decisions takes legal effect, the complainant and persons withrelated rights and obligations have the following duties:

a/ Collaborate with competent agencies, organizations and persons in restoring their rights andlawful interests infringed upon by an illegal administrative decision or act;

b/ Abide by the complained administrative decision or act which is recognized as lawful by anagency competent to complaint settlement;

c/ Abide by the handling decision of a competent agency for executing the legally effectivecomplaint settlement decision

3 Within the ambit of their tasks and powers, relevant agencies, organizations and persons shallabide by administrative decisions of competent agencies for executing legally effective

complaint settlement decisions; and coordinate with competent agencies, organizations andpersons in organizing the execution of legally effective complaint settlement decisions whenrequested

4 The Government shall detail this Article.

Chapter 4

COMPLAINTS AND THEIR SETTLEMENT ABOUT DISCIPLINARY DECISIONS

AGAINST CADRES OR CIVIL SERVANTS Article 47 Complaints about disciplinary decisions

Complaint about a disciplinary decision means that a cadre or civil servant requests, according tothe procedures specified in this Law, a competent agency, organization or person to review adisciplinary decision against him/her when having a ground to believe that such decision isunlawful or directly infringes upon his/her rights and lawful interests

Article 48 Statute of limitations for complaints

The statute of limitations for a first-time complaint is 15 days after a cadre or civil servant

receives a disciplinary decision against him/her

The statute of limitations for a second-time complaint is 10 days after a cadre or civil servantreceives a first-time complaint settlement decision; for a disciplinary decision of dismissal, thestatute of limitations for a second-time complaint is 30 days after a cadre or civil servant receives

a first-time complaint settlement decision

In case a complainant fails to exercise the right to complain within the statute of limitations due

to illness, natural disaster, enemy sabotage, working mission or study in a distant place or

another objective obstacle, the period during which such obstacle exists is not counted into thestatute of limitations for complaint

Article 49 Form of complaint

Complaints must be made in writing A written complaint must clearly state the date of

complaint; full name and address of the complainant; complaint contents and reason, and

requests of the complainant, included signature of the complainant First-time complaints must

be sent to persons who have issued disciplinary decisions Second-time complaints shall be sent

to agencies competent to settle second-time complaints

Article 50 Time limits for complaint acceptance and settlement

The time limits for acceptance and settlement of first-time and second-time complaints are asfollows:

Within 10 days after receiving a written complaint, a person competent to complaint settlementmust accept it for settlement and notify such to the complainant

The time limit for settlement of a complaint does not exceed 30 days after the date of acceptance.For complicated cases, this time limit may be prolonged but not exceed 45 days after the date ofacceptance.

Article 51 Complaint-settling competence

1 Heads of agencies or organizations competent to manage cadres or civil servants according todecentralization are competent to settle first-time complaints about disciplinary decisions theyhave issued

2 Heads of immediate superior agencies or organizations of agencies or organizations managingcadres or civil servants are competent to settle complaints which are further complained

3 The Minister of Home Affairs is competent to settle complaints which have been settled forthe first time by Ministers, heads of Ministerial-level agencies, heads of Government-attachedagencies or chairpersons of provincial-level People's Committees but still be complained orremain unsettled upon the expiration of the settlement time limit of the first-time complaints

Article 52 Verification of complaint contents

In the course of settlement of a complaint, a person competent to complaint settlement has thefollowing duties:

1 Personally review the complained disciplinary decision against a cadre or civil servant andconsider complaint contents, or assign a responsible person to do so If finding complaint

contents clear, request the cadre and civil servant disciplining council for consideration andproposal to a competent person for settlement

2 In case complaint contents are unclear, personally verify and make conclusions on complaintcontents or assign a responsible person to do so Persons responsible for verification have therights and obligations as prescribed in clause 3, Article 29 of this Law

The verification of complaint contents must be recorded in writing and reported to the personcompetent to complaint settlement After obtaining results of verification of complaint contents,he/she shall request the cadre and civil servant disciplining council for consideration and

proposal to a competent person for the complaint settlement

Article 53 Organization of dialogs

1 A person competent to complaint settlement must organize a dialog with the complainant,before issuing a complaint settlement decision

Dialog participants include the person competent to complaint settlement who presides over thedialog, the complainant, the person responsible for verification and other relevant persons

2 During the dialog, the complaint settler must clearly state contents subject to the dialog, results

of verification of complaint contents; dialog participants have right to present their opinions andshow evidences relating to the complaint and their requests

3 The dialog must be recorded in a minutes which clearly states opinions of participants andresults of the dialog and have the signatures of participants In case a dialog participant refuses tosign the minutes, the reason for refusal must be clearly recorded This minutes shall be kept inthe complaint settlement dossier

4 Dialog results serve as a basis for complaint settlement

Article 54 First-time complaint settlement decisions

1 First-time complaint settlers must issue written complaint settlement decisions A complaintsettlement decision must have the following contents:

a/ Date of issuing decision;

b/ Names and addresses of the complainant and the complained subject;

c/ Complaint contents;

d/ Results of verification of complaint contents;

dd/ Results of the dialog;

e/ Legal ground(s) for complaint settlement;

g/ Conclusion that complaint contents are correct, partially correct or wholly wrong;

h/ Upholding, modification, supplementation or cancellation of part or the whole of the

complained disciplinary decision;

i/ Payment of compensations for persons suffered damages (if any);

k/ The right to make a second-time complaint or the right to institute an administrative case atcourt against the disciplinary decision of dismissal

2 First-time complaint settlement decisions must be sent to complainants and concerned

agencies and organizations

Article 55 Settlement of second-time complaints

A person competent to settle a second-time complaint has the following duties:

1 Request the person issuing the complained disciplinary decision against a cadre or civilservant to report on consideration of disciplining and settlement of the complaint of the

disciplined person:

2 Personally verify and make conclusions on complaint contents or assign a person responsiblefor verification to do so The verification of complaint contents must be recorded in writing andreported to the person competent to complaint settlement;

3 Assume the prime responsibility for organizing a dialog with the complainant Dialog

participants include:

a/ The complainant;

b/ The person responsible for verification of complaint contents;

c/ The complained subject

4 Dialog contents comply with clause 2 and clause 3, Article 53 of this Law

Article 56 Second-time complaint settlement decisions

1 A second-time complaint settlement decision must have the following content:

a/ Date of issuing decision;

b/ Names and addresses of the complainant and the complained subject;

c/ Complaint contents;

d/ Results of verification;

dd/ Results of the dialog;

e/ Legal ground(s) for complaint settlement;

g/ Conclusions on each specific matter in the complaint of the disciplined person and the

settlement of the first-time complaint settler;

h/ Payment of compensations for persons suffered damage (if any);

il The right to institute an administrative case at court against the disciplinary decision ofdismissal

2 A second-time complaint settlement decision must be sent to the complainant, first-timecomplaint settler and persons with related rights and obligations within 07 days after issuanceday

Second-time complaint settlement decisions of Ministers, heads of Ministerial-level agencies orGovernment-attached agencies, or chairpersons of provincial-level People's Committees must besent to the Government Inspector General and the Minister of Home Affairs.

Article 57 Effect of complaint settlement decisions, institution of administrative cases

1 Legally effective decisions on settlement of complaints about disciplinary decisions againstcadres or civil servants include:

a/ First-lime complaint settlement decisions, which become legally effective after 30 days fromthey are issued, provided complainants do not make second-time complaints;

b/ Second-time complaints settlement decisions, which become legally effective after 30 daysfrom they are issued

2 A legally effective complaint settlement decision is effective for immediate execution

3 In case a civil servant holding the post of general department director or equivalent or a lowerpost is disciplined and forced for dismissal but disagrees with the decision on settlement of thecomplaint about the disciplinary decision of dismissal or his/her complaint remains unsettledthough past the time limit for first-time or second-time complaint settlement as prescribed inArticle 50 of this Law, he/she may institute an administrative case at court under the Law onAdministrative Procedures

Article 58 Execution of legally effective decisions on settlement of complaints about

disciplinary decisions against cadres or civil servants

1 When a decision on settlement of a complaint about a disciplinary decision against a cadre orcivil servant takes legal effect, the head of the agency, organization or unit where such cadre orcivil servant works shall publicly notify such decision to all of its cadres and civil servants; applymeasures according to his/her competence or coordinate with related agencies and organizations

in executing such complaint settlement decision; and pay compensations in accordance with law

2 The Government shall detail this Article

Chapter 5

RECEPTION OF CITIZENS Article 59 Citizen reception offices and places

1 Citizen reception offices of the Party and State shall be established at central and local levels

to receive citizens who come to make complaints, denunciations, recommendations or reportsunder regulations of competent agencies or organizations

Citizen reception places are places arranged by competent agencies, organizations or persons toreceive citizens who come to make complaints, denunciations, recommendations or reports inaccordance with law.

2 Heads of agencies and organizations shall organize the citizen reception; assure necessaryconditions for citizen reception; assign cadres who are fully qualified, capable and

knowledgeable about policies and laws, and have a sense of responsibility to receive citizenswho come to make complaints, denunciations, recommendations or reports

Article 60 Rights and obligations of persons who make complaints, denunciations,

recommendations or reports at citizen reception offices and places

1 To show their personal identity papers, comply with citizen reception regulations, and followinstructions of citizen reception officers

2 To truthfully present matters, provide information and documents relating to their complaint,denunciation, recommendation or report contents, and sign or fingerprint in written records forconfirmation of presented contents

3 To receive guidance or explanations about the exercise of the right to complaint or denunciate

4 To appoint their representatives to present matters to citizen reception officers in case manypersons make complaints or denunciations about the same content

5 To make complaints or denunciations about illegal acts, obstructions, harassments or

unreasonable demands of citizen reception officers

Article 61 Citizen reception responsibility of heads of agencies and organizations

1 Heads of state agencies and chairpersons of People's Committees at all levels shall personallyreceive citizens on a regular basis as follows:

a/ Chairpersons of commune-level People's Committees shall receive citizens at least one day aweek;

b/ Chairpersons of district-level People's Committees shall receive citizens at least two days amonth;

c/ Chairpersons of provincial People's Committees shall receive citizens in at least one day amonth;

d/ Heads of other state agencies shall receive citizens at least one day a month

2 The reception of citizens by chairpersons of People's Committees at all levels, and heads ofstate agencies must be associated with the settlement of complaints under their competence and

direction of complaint settlement under competence by heads of state agencies that are managed

by them

3 Chief inspectors at all levels shall organize regular reception of citizens in accordance withlaw

4 Heads of other organizations shall personally receive citizens at least one day a month

5 Beside regular reception of citizens, chairpersons of People's Committees at all levels andheads of agencies and organizations shall receive citizens when it is urgent

Article 62 Responsibilities of citizen reception officers and persons in charge of citizen reception offices and places

1 To receive complaints, denunciations, recommendations and reports of citizens; to classify andforward them to persons competent to settle in accordance with law

2 To provide citizens with guidance and explanations about policies and laws relating to theirrequests

3 Citizen reception officers may refuse to receive in the following cases:

a/ Those who come to complain, denounce, recommend or report on cases or matters which havebeen examined, considered and for which settlement decisions or conclusions have been made bycompetent agencies in accordance with law and have been fully answered;

b/ Those who violate citizen reception regulations

4 Those in charge of citizen reception offices and places shall, within the ambit of their tasksand powers, monitor, inspect and urge the settlement of complaints and denunciations by

competent persons; handle according to their competence or request competent agencies tohandle violations of the laws on complaints and denunciations committed by responsible persons

in the course of settlement of complaints and denunciations

Chapter 6

RESPONSIBILITY OF COMPETENT AGENCIES, ORGANIZATIONS AND PERSONS

FOR MANAGING COMPLAINT SETTLEMENT WORK Article 63 Responsibility of state management agencies for complaint settlement work

1 The Government shall perform the uniform state management of complaint settlement by stateadministrative agencies nationwide

The Government Inspectorate is responsible before the Government for performing the statemanagement of complaint settlement work nationwide

2 Ministries, Ministerial-level agencies and People's Committees at all levels shall perform thestate management of complaint settlement work under their management.

3 Inspectorates of Ministries, Ministerial-level agencies, inspectorates of provinces and

centrally-run cities, inspectorates of provincial departments and inspectorates of districts, townsand provincial cities shall assist heads of state management agencies at the same level in

managing complaint settlement work

Article 64 Responsibility of People's courts, People's procuracies, the State Audit, the National Assembly Office, the President Office, other state agencies, political organizations and socio-political organizations

1 The Supreme People's Court, the Supreme People's Procuracy, the State Audit, the NationalAssembly Office, the President Office, other state agencies, political organizations and socio-political organizations shall, within the ambit of their functions, tasks and powers, manage thecomplaint settlement work and periodically report to the Government on the complaint

settlement by their agencies or organizations

2 Local People's Courts and People's Procuracies, agencies of local political organizations andsocio-political organizations shall, within the ambit of their functions, tasks and powers, managecomplaint settlement work and periodically report to People's Committees at the same level onthe complaint settlement by their agencies or organizations

Article 65 Responsibility for coordination in complaint settlement work

1 In case of necessity, the Prime Minister shall work with the President of the Supreme People'sCourt, the Director of the Supreme People's Procuracy, the State Auditor General and heads ofother state agencies; chairpersons of provincial People's Committees shall work with presidents

of people's courts and directors of people's procuracies at the same level for coordinated

complaint settlement

2 The Government, the Supreme People's Court and the Supreme People's Procuracy shallperiodically report to the National Assembly, National Assembly Standing Committee andPresident on, and notify the Central Committee of the Vietnam Fatherland Front of the complaintsettlement work

Ministries, Ministerial-level agencies, Government-attached agencies and provincial-level

People's Committees shall report to the Government on the complaint settlement by their

agencies or localities on a periodical basis or at the request of the Government

3 Local People's Committees, people's courts and people's procuracies shall periodically report

to the People's Councils on, and notify committees of the Vietnam Fatherland Fronts of the samelevel of the situation of complaints, institution of administrative cases and the settlement ofcomplaints and adjudication of administrative cases in their localities

Article 66 Supervision by the Vietnam Fatherland Front and its member organizations

1 The Vietnam Fatherland Front and its member organizations shall supervise the

implementation of the law on complaints as prescribed in this Law; encourage people to strictlycomply with the law on complaints; organize to receive citizens who come for complainants; andupon receiving complaints, study complaints and guide complainants in making complaints withagencies or organizations competent to complaint settlement

2 Complaints forwarded by committees of the Vietnamese Fatherland Front and member

organizations of the Vietnamese Fatherland Front shall be considered and settled by complaintsettlers and notify settlement results in writing, within 07 days after the issuance of settlementdecisions, to complaint-forwarding organizations If disagreeing with such settlement results,complaint-forwarding organizations have right to request superior agencies or organizations forconsideration and settlement Agencies or organizations receiving requests shall reply themwithin 07 days after issuing settlement decisions

Chapter 7

HANDLING OF VIOLATIONS Article 67 Handling of violations of complaint settlers

Complaint settlers who commit one of the violations specified in clauses 1, 2, 3 and 4, Article 6

of this Law or violate other regulations in settling complaints shall, depending on the nature andseverity of their violations, be disciplined or examined for penal liability If causing damage,they must pay compensations or return in accordance with law

Article 68 Handling of violations on the law on complaints of complainants and other related persons

Persons who commit one of the violations specified in clauses 5, 6, 7 and 8, Article 6 of this Law

or violate other provisions of the law on complaints and settlement of complaints shall,

depending on the nature and severity of their violations, be administratively handled or examinedfor penal liability If causing damage, they must pay compensations or return in accordance withlaw

Chapter 8

IMPLEMENTATION PROVISIONS Article 69 Effect and transitional provisions

1 This Law takes effect on July 01, 2012

The provisions on complaints and settlement of complaints of Law No 09/1998/QH10 on

complaints and denunciations, which was amended and supplemented according to Law No 26/2004/QH11 and Law No 58/2005/QH11, cease to be effective on the effective date of this Law

2 Complaints which are accepted for settlement before the effective date of this Law shall besettled in accordance with Law No 09/1998/QH10 on complaints and denunciations, which wasamended and supplemented according to Law No 26/2004/QH11 and Law No 58/2005/QH11.

Article 70 Detailing provisions

The Government shall detail articles and clauses assigned and Chapter 5 of this Law

This Law was passed on November 11, 2011, by the XIII th National Assembly at its 2 nd session.

CHAIRMAN OF THE NATIONAL

ASSEMBLY

Nguyen Sinh Hung

-This translation is made by L aw S oft and for reference purposes only Its copyright is owned by

L aw S oft and protected under Clause 2, Article 14 of the Law on Intellectual Property.Your

comments are always welcomed

This Law provides for denunciations and settlement of denunciations of violations committed bycadres, civil servants or public employees while performing their tasks or official duties;

denunciations and settlement of denunciations of violations committed by agencies,

organizations or individuals relating to the state management in fields; protection of denunciatorsand management of denunciation settlement work

Article 2 Interpretation of terms

In this Law, the terms below are construed as follows:

1 Denunciation means that a citizen, according to the procedures specified by this Law, notifies

a competent agency, organization or person of a violation committed by any agency,

organization or person which cause damages or threatens to cause damage to the State interests

or rights and legitimate interests of citizens, agencies or organizations

2 Denunciation of violations committed by cadres, civil servants or public employees while performing tasks or official duties means that a citizen notifies a competent agency, organization

or person of violations committed by cadres, civil servants and public employees while

performing their tasks or official duties

3 Denunciation of violations on the state management in fields means that a citizen notifies a

competent state management agency of violations committed by any agency, organization orperson in observance of law on the state management in fields

4 Denunciator means a citizen who exercises the denunciation right.

5 The denounced subject means an agency, organization or person that has committed a

denounced act

6 Denunciation solver means an agency or organization or person that has competence to solve a

denunciation

7 Settlement of denunciation includes the receipt, verification and making of conclusions on

denunciation contents and the handling of a denunciation by a denunciation solver

Article 3 Application of the law on denunciations and settlement of denunciations

1 Denunciations of foreigners residing in Vietnam and settlement of denunciations of violationscommitted by foreign agencies, organizations or individuals in Vietnam comply with this Law,unless otherwise provided for by treaties to which the Socialist Republic of Vietnam is a

contracting party

2 The denunciation of and reporting on crimes comply with the law on criminal procedure

3 In case another law otherwise provides for denunciations and settlement of denunciations,such law will prevail

Article 4 Principles of settlement of denunciations

Denunciations must be settled in a timely, accurate and objective manner according to the prescribed competence, order, procedures and time limit; assuring safety for denunciators;protecting the rights and legitimate interests of the denounced subject in the process of

2 Agencies, organizations and persons competent to settle denunciations shall arrange citizenreception offices or places to receive denunciations, complaints, recommendations and reports.The reception of citizens at citizen reception offices or places complies with the Law on

Complaints and other relevant laws

3 Agencies, organizations and persons who are responsible for receiving and settling

denunciations but fail to receive and settle them in accordance with this Law, show

irresponsibility in receiving and settling denunciations or intentionally settle denunciations atvariance with law shall be strictly handled; if causing damage, they shall pay compensations inaccordance with law

Article 6 Responsibilities of agencies and organizations for coordination in denunciation settlement

Concerned agencies and organizations shall, within the scope of their tasks and powers,

coordinate with competent agencies, organizations and persons in settling denunciations

Agencies, organizations and persons that are managing or preserving information and documentsrelating to a denunciation shall fully and promptly provide such information and documents atthe request of person competent to settle such denunciation within 07 days after receiving therequest; if failing to provide such information and documents or providing them insufficiently orlate, they shall, depending on the nature and seriousness of their violations, be handled in

accordance with law

Article 7 Compliance with decisions on handling of denounced violations

Decisions on handling of denounced violations issued by competent agencies, organizations andpersons must be respected by other agencies, organizations and persons and be complied with byconcerned agencies, organizations and persons Those who are responsible for complying withdecisions on handling of denounced violations but fail to do so shall be strictly handled in

accordance with law

Article 8 Prohibited acts

1 Causing difficulties or troubles to the exercise of the denunciation right of citizens

2 Showing irresponsibility in denunciation settlement

3 Disclosing denunciators' names, addresses, autographs or other information which may revealdenunciators' names

4 Falsifying case files in the course of denunciation settlement

5 Failing to settle denunciations or intentionally settling denunciations at variance with law;misusing positions and powers in settling denunciations to commit violations, harass or causetroubles to the denounced subject

6 Failing to execute or improperly executing the responsibility for protecting denunciators

7 Illegally obstructing or intervening in denunciation settlement

8 Obstructing the exercise of the denunciation right; intimidating, taking revenge on, repressing

or offending denunciators

9 Covering up the denounced subject

10 Intentionally making untruthful denunciations; provoking, forcing, inducing or buying offothers to make untruthful denunciations; implement impersonation to make denunciations

11 Buying off or giving bribes to denunciation solvers; intimidating, taking revenge on oroffending denunciation solvers

12 Misusing denunciations to carry out propaganda against the State or infringe upon the State'sinterests; distorting, slandering, disturbing security and order or offending others' honor, dignityand prestige

13 Reporting untrue information on denunciations and settlement of denunciations

14 Violating other provisions of the law on denunciations and settlement of denunciations

Chapter 2

RIGHTS AND OBLIGATIONS OF DENUNCIATORS, THE DENOUNCED SUBJECT,

AND DENUNCIATION SOLVERS Article 9 Rights and obligations of denunciators

1 A denunciator has the following rights:

a/ To file a written denunciation or make verbal denunciation to competent agencies,

organizations or persons as prescribed by law;

b/ To have his/her full name, address, autograph and other personal information kept

confidential;

c/ To request competent agencies, organizations and persons to inform him/her of the acceptance

to solve denunciation or transfer of his/her denunciation case to competent agencies for

settlement and of denunciation settlement results;

d/ To further make denunciation if having grounds to believe that his/her denunciation is settled

by competent agencies, organizations or persons not in accordance with law or his/her

denunciation is not settled although the statutory time limit has expired;

dd/ To request competent agencies, organizations or persons to protect him/her if being

intimidated, taken revenge on or repressed;

e/ To be commended and rewarded in accordance with law

2 A denunciator has the following obligations:

a/ To clearly state his/her full name and address;

b/ To honestly present denunciation contents; to provide information and documents that he/sheobtains relating to denunciation contents;

c/ To take responsibility before law for denunciation contents;

d/ To pay compensations for damage caused by his/her act of intentionally making untruthfuldenunciation

Article 10 Rights and obligations of the denounced subject

1 A denounced subject has the following rights:

a/ To be notified on denunciation contents;

b/ To show evidences to prove that denunciation contents are not true;

c/ To receive written conclusions on denunciation contents;

d/ To request competent agencies, organizations and persons to handle those who intentionallymake untruthful denunciations and those who intentionally settle denunciations at variance withlaw;

e/ To be restored its/his/her infringed rights and legitimate interests, receive public apologiesand corrections and be paid compensation for damages caused by untruthful denunciations orimproper settlement of denunciations

2 A denounced subject has the following obligations:

a/ To explain in writing about the denounced act; to provide relevant information and documents

at the request of competent agencies, organizations and persons;

b/ To strictly comply with handling decisions of competent agencies, organizations and persons;c/ To pay compensations for damage caused by its/his/her illegal act

Article 11 Rights and obligations of denunciation solvers

1 A denunciation solver has the following rights:

a/ To request the denunciator to provide information and documents relating to denunciationcontents;

b/ To request the denounced subject to give written explanations about the denounced act;

c/ To request other agencies, organizations and persons to provide information and documentsrelating to denunciation contents;

d/ To conduct measures to inspect, verify and collect evidences for denunciation settlement inaccordance with law; to apply measures according to its/his/her competence to prevent or stopviolations;

dd/ To make conclusions on denunciation contents;

e/ To decide handling according to its/his/her competence or propose a competent agency,organization or person to handle in accordance with law

2 A denunciation solver has the following obligations:

a/ To assure objectiveness, honesty and lawfulness in denunciation settlement;

b/ To apply necessary measures according to its/his/her competence or request functional

agencies to apply measures to protect the denunciator and his/her relatives and providers ofinformation related to the denunciation;

c/ Not to disclose information that can place the denounced subject at a disadvantage pendingconclusions on denunciation contents;

d/ To take responsibility before law for denunciation settlement;

e/ To pay compensations for damage caused by its/his/her unlawful denunciation settlement

Chapter 3

SETTLEMENT OF DENUNCIATIONS OF VIOLATIONS COMMITTED BY CADRES, CIVIL SERVANTS AND PUBLIC EMPLOYEES WHILE PERFORMING TASKS OR

OFFICIAL DUTIES SECTION 1: COMPETENCE OF DENUNCIATION SETTLEMENT

Article 12 Principles of determining competence

1 A denunciation of violations committed by a cadre, civil servant or public employee whileperforming his/her tasks or official duties shall be settled by the head of the agency or

organization managing such cadre, civil servant or public employee

A denunciation of violations committed by the head of an agency or organization or his/herdeputies while performing his/her tasks or official duties shall be settled by the head of directsuperior agency or organization of such agency or organization

2 A denunciation of violations committed by a cadre, civil servant or public employee managed

by many agencies or organizations while performing his/her tasks or official duties shall besettled by the head of the agency or organization directly managing such cadre, civil servant orpublic employee in coordination with related agencies and organizations

3 A denunciation of violations committed by a cadre, civil servant or public employee whileperforming his/her tasks or official duties which shows signs of crime shall be settled by aproceeding agency in accordance with the law on criminal procedure

Article 13 Competence to settle denunciations of violations committed by cadres and civil servants while performing their tasks or official duties in state administrative agencies

1 Chairpersons of People's Committees of communes, wards or townships (hereinafter referred

to as commune-level People's Committees) have competence to settle denunciations of violationscommitted by cadres and civil servants under their direct management while performing theirtasks or official duties

2 Chairpersons of People's Committees of rural districts, urban districts, towns or provincialcities (hereinafter referred to as district-level People's Committees) have competence to settledenunciations of violations committed while performing tasks or official duties by chairpersons

or deputy chairpersons of commune-level People's Committees, heads of professional agenciesunder district-level People's Committees or their deputies and cadres or civil servants who theyappoint and directly manage

3 Heads of professional agencies of People's Committees of provinces or centrally run citieshave competence to settle denunciations of violations committed while performing tasks orofficial duties by heads or deputies of heads of professional units attached to their agencies andcadres or civil servants who they appoint and directly manage

4 Chairpersons of People's Committees of provinces or centrally run cities (hereinafter referred

to as provincial People's Committees) have competence to settle denunciations of violationscommitted while performing tasks or official duties by chairpersons or deputy chairpersons ofdistrict-level People's Committees, heads or deputies of heads of professional agencies underprovincial People's Committees, and cadres or civil servants who they appoint and directlymanage

5 Directors general, directors and holders of equivalent posts who are decentralized to managecadres and civil servants have competence to settle denunciations of violations committed whileperforming tasks and official duties by heads or deputies of heads of units under their generaldepartments, departments and equivalent units, and cadres or civil servants who they appoint anddirectly manage

6 Ministers and heads of ministerial-level agencies have competence to settle denunciations ofviolations committed while performing tasks or official duties by heads or deputies of heads ofagencies and units under their Ministries and Ministerial-level agencies, and cadres or civilservants who they appoint and directly manage

7 The Prime Minister has competence to settle denunciations of violations committed whileperforming tasks and official duties by Ministers, Deputy Ministers, heads or deputies of heads

of Ministerial-level agencies, heads or deputies of heads of Government-attached agencies,chairpersons or deputy chairpersons of provincial People's Committees, and cadres or civilservants who he/she appoints and directly manages

Article 14 Competence to settle denunciations of violations committed by cadres and civil servants of other state agencies while performing their tasks or official duties

1 Presidents of People's Courts and directors of People's Procuracies of all levels have

competence to:

a/ Settle denunciations of violations committed by civil servants under their direct managementwhile performing their tasks or official duties;

b/ Settle denunciations of violations committed respectively by presidents and deputy president

of subordinate People's Courts and directors or deputy directors of subordinate People's

Procuracies

2 The State Auditor General has competence to settle denunciations of violations committedwhile performing tasks or official duties by chief auditors or deputy chief auditors of specialized

or regional audit offices and by civil servants who he/she appoints and directly manages

Chief auditors of specialized or regional state audit offices have competence to settle

denunciations of violations committed while performing tasks or official duties by civil servantswho they appoint and directly manage

3 Heads of other state agencies have competence to settle denunciations of violations committedwhile performing tasks and official duties by civil servants who they appoint and directly

manage

4 Agencies competent to manage cadres who are National Assembly deputies or deputies toPeople's Councils of all levels have competence to settle denunciations of violations committed

by cadres under their management while performing their tasks or official duties

Article 15 Competence to settle denunciations of violations committed by public employees

in public non-business units while performing tasks

1 Heads of public non-business units have competence to settle denunciations of violationscommitted while performing tasks by public employees who they recruit, appoint and directlymanage

2 Heads of agencies competent to manage public non-business units have competence to settledenunciations of violations committed while performing tasks by public employees as managerswho they appoint

Article 16 Competence to settle denunciations of violations committed by cadres, civil servants and public employees of political organizations and socio-political organizations while performing their tasks

Heads of agencies of political organizations or socio-political organizations have competence tosettle denunciations of violations committed by cadres, civil servants and public employeesunder their direct management while performing their tasks

Article 17 Competence to settle denunciations against violations committed by persons who are not cadres, civil servants or public employees but assigned to perform tasks or official duties

Heads of agencies and units directly managing persons who are not cadres, civil servants orpublic employees but are assigned to perform tasks or official duties have competence to settledenunciations of violations committed by such persons while performing their tasks or officialduties

SECTION 2: ORDER AND PROCEDURES FOR SETTLEMENT OF DENUNCIATIONS Article 18 Order of denunciation settlement

A denunciation shall be settled in the following order:

1 Receiving and handling denunciation information;

2 Verifying denunciation contents;

3 Making conclusion on denunciation contents;

4 Handling the denunciation by the denunciation solver;

5 Publicizing conclusions on denunciation contents and the decision on handling of the

denounced violation

Article 19 Forms of denunciation

1 Denunciations may be performed in written or verbal form

2 In case a denunciation is made in writing, the written denunciation must clearly indicate thedate of denunciation; the full name and address of the denunciator; and denunciation contents.The written denunciation must be signed or fingerprinted by the denunciator In case manypersons jointly make a written denunciation, the full name and address of every denunciator must

be clearly indicated in such denunciation, with the signatures or fingerprints of all denunciators;and the full name of the representative of the denunciators for coordination when the

denunciation solver requests

3 In case a denunciation is perform verbally, the denunciation recipient shall guide the

denunciator in making a written denunciation or make a record of the denunciation and requestthe denunciator to sign or fingerprint on that record for certification This record must clearlystate the contents specified in clause 2 of this Article In case many persons jointly make a verbaldenunciation, the denunciation recipient must guide denunciators in appointing a representative

to present denunciation contents

Article 20 Receive and handling of denunciation information

1 When receiving a denunciation, a denunciation solver shall classify and handle it as follows:a/ If the denunciation falls under its/his/her settling competence, the denunciation solver shall,within 10 days after receiving written denunciation, examine and verify the full name and

address of the denunciator and decide to accept or refuse the denunciation for settlement and atthe same time notify the denunciator of the reason thereof, if so requested In case of necessity toconduct examination and verification in many places, the time limit for examination and

verification may be extended but not exceed 15 days;

b/ If the denunciation falls beyond its/his/ her competence, the denunciation solver shall, within

05 working days after receiving written denunciation, forward the written denunciation to acompetent agency, organization or person and notify such to the denunciator, if the denunciator

so requests In case a denunciator makes a verbal denunciation, the denunciation recipient shallguide the denunciator to come to a competent agency, organization or person to be settled

2 A competent person may refuse to accept a denunciation for settlement in the following cases:a/ The denunciation has already been settled by the competent person but the denunciator fails toprovide any new information or events;

b/ The denunciation contents and information which provided by the denunciator are insufficientfor identifying an offender or a violation;

c/ Denunciation on case which the person competent to settle denunciation has no conditions forexamining and verifying violations and offenders

3 In the course of receiving and handling denunciation information, if considering that thedenounced act shows signs of crime, the agency or organization receiving denunciation shallforward the dossier, documents and information related to such denunciation to a competentinvestigation agency or procuracy for handling in accordance with law.

4 In case the denounced act cause damages or threatens to cause damage the State interests orcollectives or the lives and property of citizens, the agency or organization receiving

denunciation shall apply necessary measures under its competence to promptly prevent violation

Article 21 Time limit for denunciation settlement

1 The time limit for settling a denunciation is 60 days after it is accepted for settlement For acomplicated case, this time limit is 90 days after the denunciation is accepted for settlement

2 In necessary case, a person competent to denunciation settlement may extend the time limitonce for at most 30 days; or at most 60 days, for complicated cases

Article 22 Verification of denunciation contents

1 A denunciation solver shall verify or assign a state inspectorate of the same level or a

responsible agency, organization or person to verify denunciation contents (hereinafter referred

to as the verifier of denunciation content )

2 The assignment of the responsibility to verify denunciation contents by a denunciation solver

to a verifier of denunciation content must be recorded in a minutes including the followingdetails:

a/ Date of assignment of the verification responsibility;

b/ Name and address of the denounced subject;

c/ Person assigned to verify denunciation contents;

d/ Contents which need be verified;

dd/ Verification time;

e/ Powers and responsibilities of the person assigned to verify denunciation contents

3 The verifier of denunciation content must conduct necessary measures to collect informationand documents and clarify denunciation contents Collected information and documents must berecorded in writing and, when necessary, made in a minutes and kept in the denunciation casefile

4 In the course of verification, the verifier of denunciation content must create conditions for thedenounced subject to explain and present evidences to prove the correctness or wrong of

denunciation contents which need be verified Explanations of the denounced subject must berecorded in a minutes containing the signatures of the verifier of denunciation content and thedenounced subject

5 The person assigned to verify denunciation contents has the rights and obligations specified atpoints a, b, c and d, clause 1, and points a, b, c, d and e, clause 2, Article 11 of this Law and, atthe same time, shall make conclusion on the verified contents, propose handling measures andreport them to the denunciation solver