Law on Complaints No. 02/2011/QH13

 LAW

PETITION

On the basis of The Constitution of the Socialist Republic of Vietnam in 1992 has been amended and supplemented with some articles pursuant to Resolution No. 51/2001/QH10;

The National Assembly enacts this Petition Law,

Chapter 1

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates petitions and the resolution of petitions concerning administrative decisions, administrative acts of state administrative agencies, or persons with authority within state administrative agencies; petitions and resolution of disciplinary decisions against officials and civil servants; receiving citizens; managing and supervising petition resolution work.

Article 2. Interpretation of Terms

In this Law, the following terms shall be understood as follows:

4. Agencies, organizations with the right to petition are state agencies, political organizations, political-social organizations, social organizations, occupational social organizations, economic organizations, people's armed forces units.

5. Respondent is the state administrative agency or person with authority within a state administrative agency having the administrative decision or administrative act being petitioned; agency, organization, or individual with authority having the disciplinary decision against officials and civil servants being petitioned.

6. Petition resolver is the agency, organization, or individual with authority to resolve petitions.

7. Party with related rights and obligations is an individual, agency, or organization that is neither the petitioner nor the respondent but whose rights and obligations are affected by the resolution of the petition.

8. Administrative decision is a document issued by a state administrative agency or a person with authority within a state administrative agency to decide on a specific issue in state administrative management applied once to one or several specific subjects.

9. Administrative act is the act of a state administrative agency or a person with authority within a state administrative agency performing or failing to perform tasks and public duties as prescribed by law.

10. Disciplinary decision is a decision in writing made by the head of an agency or organization to apply one of the forms of discipline against officials and civil servants under their management as prescribed by law on officials and civil servants.

11. Resolution of petition is the act of accepting, investigating, concluding, and issuing a decision to resolve the petition.

Article 3. Application of laws on petitions and resolution of petitions

1. Petitions of foreign agencies, organizations, and individuals in Vietnam and the resolution of such petitions shall be governed by the provisions of this Law, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

2. Petitions and resolution of petitions concerning administrative decisions and administrative acts in public service units and state-owned enterprises shall be governed by the provisions of this Law.

The Government shall provide detailed regulations on this matter.

3. Based on this Law, competent authorities of political organizations, political-social organizations, social organizations, and occupational social organizations shall guide petitions and resolution of petitions within their agencies and organizations.

4. Based on this Law, the Supreme People's Court, the Supreme People's Procuracy, the State Audit Office, the National Assembly Office, the President's Office, and other state agencies shall define petitions and resolution of petitions within their agencies.

5. Where other laws provide differently on petitions and resolution of petitions, such provisions shall apply.

Article 4. Principles for Complaints and Resolution of Complaints

The filing and resolution of complaints must be carried out in accordance with the provisions of the law; ensuring objectivity, transparency, democracy, and timeliness.

Article 5. Responsibilities for Resolving Complaints and Coordinating in the Resolution of Complaints

1. Agencies, organizations, and individuals within their functions, tasks, and authorities shall have the responsibility to promptly and properly accept and resolve complaints in accordance with the law, strictly handle violators, take necessary measures to prevent potential damage, ensure that decisions on complaint resolution are strictly implemented, and bear legal responsibility for their decisions.

2. Relevant agencies and organizations shall have the responsibility to coordinate with authorized agencies, organizations, and individuals in resolving complaints; provide information and documents related to the complaints at the request of those agencies, organizations, and individuals.

3. Agencies, organizations, and individuals shall have the responsibility to review and reconsider their administrative decisions, administrative acts, and disciplinary decisions; if they contravene the law, they must promptly correct and remedy them to avoid the emergence of complaints.

The State encourages the mediation of disputes between agencies, organizations, and individuals before authorized agencies, organizations, and individuals resolve such disputes.

Article 6. Prohibited Acts

1. Obstructing or causing inconvenience to persons exercising their right to file complaints; threatening, retaliating against, or persecuting complainants.

2. Neglecting responsibilities in resolving complaints; failing to resolve complaints; distorting information, documents, and case files related to complaints; intentionally resolving complaints contrary to the law.

3. Issuing decisions on complaint resolution not in the form of a decision.

4. Shielding the person complained against; intervening illegally in the resolution of complaints.

5. Intentionally filing false complaints.

6. Inciting, urging, compelling, enticing, bribing, or recruiting others to gather in large numbers to file complaints, disrupting public security and order.

7. Exploiting complaints to propagate against the State, infringing upon the interests of the State; fabricating, slandering, threatening, or insulting the reputation and honor of agencies, organizations, persons responsible for resolving complaints, and other officials performing their duties.

9. Violating other provisions of the law on complaints and the resolution of complaints.

Chapter 2

COMPLAINTS AGAINST ADMINISTRATIVE DECISIONS AND ADMINISTRATIVE ACTS

SECTION 1. COMPLAINTS

Article 7. Procedure for Filing Complaints

1. When there is evidence that an administrative decision or administrative act is contrary to the law and directly infringes upon one's lawful rights and interests, the complainant may file a first-level complaint with the person who made the administrative decision or the agency where the administrative act was committed, or initiate an administrative lawsuit at the court in accordance with the Administrative Procedure Code.

If the complainant disagrees with the initial decision on complaint resolution or if the complaint remains unresolved beyond the prescribed time limit, the complainant has the right to file a second-level complaint with the immediate superior head of the authority that resolved the first-level complaint or initiate an administrative lawsuit at the court in accordance with the Administrative Procedure Code.

If the complainant disagrees with the second-level decision on complaint resolution or if the complaint remains unresolved beyond the prescribed time limit, the complainant has the right to initiate an administrative lawsuit at the court in accordance with the Administrative Procedure Code.

2. For administrative decisions or administrative acts of the Minister, Head of a ministry-equivalent agency, or Head of a government-affiliated agency (hereinafter collectively referred to as the Minister), the complainant may file a complaint with the Minister or initiate an administrative lawsuit at the court in accordance with the Administrative Procedure Code.

If the complainant disagrees with the Minister's decision on complaint resolution or if the complaint remains unresolved beyond the prescribed time limit, the complainant has the right to initiate an administrative lawsuit at the court in accordance with the Administrative Procedure Code.

3. For administrative decisions or administrative acts of the Chairman of the People's Committee of a province or centrally-administered city (hereinafter collectively referred to as provincial level), the complainant may file a first-level complaint with the Chairman of the People's Committee at the provincial level or initiate an administrative lawsuit at the court in accordance with the Administrative Procedure Code.

If the complainant disagrees with the first-level decision on complaint resolution by the Chairman of the People's Committee at the provincial level or if the complaint remains unresolved beyond the prescribed time limit, the complainant has the right to file a second-level complaint with the Minister managing the relevant sector or field or initiate an administrative lawsuit at the court in accordance with the Administrative Procedure Code.

If the complainant disagrees with the second-level decision by the Minister or if the complaint remains unresolved beyond the prescribed time limit, the complainant has the right to initiate an administrative lawsuit at the court in accordance with the Administrative Procedure Code.

Article 8. Forms of Complaint

1. The act of complaint shall be carried out through a complaint letter or direct complaint.

2. In cases where complaints are made through a letter, the complaint letter must clearly state the date, month, and year of the complaint; the name and address of the complainant; the name and address of the administrative agency, organization, or individual being complained against; the content, reasons for the complaint, relevant documents related to the content of the complaint, and the complainant's request for resolution. The complaint letter must be signed or marked with a fingerprint by the complainant.

3. In cases where the complainant makes a direct complaint, the person receiving the complaint shall guide the complainant to write a complaint letter or record the complaint in writing, and require the complainant to sign or mark with a fingerprint to confirm the written record, which must clearly state the content as prescribed in Clause 2 of this Article.

4. In cases where multiple people jointly file a complaint about the same content, the following procedures shall be implemented:

b) In cases where multiple people file a complaint through a letter, the letter must clearly state the content as prescribed in Clause 2 of this Article, bearing the signatures of the complainants and electing a representative to present when requested by the complaint resolver;

c) The Government shall provide detailed regulations on this matter.

Article 9. Statute of Limitations for Complaints

The statute of limitations for complaints is ninety days, counted from the date of receipt of the administrative decision or knowledge of the administrative decision or administrative act.

In cases where the complainant cannot exercise their right to complain within the prescribed time limit due to illness, natural disasters, enemy activities, official duties, distant study, or other objective obstacles, the period during which such obstacles exist shall not be included in the statute of limitations for complaints.

The complainant may withdraw the complaint at any point during the complaint process and its resolution; the withdrawal of the complaint must be carried out through a letter bearing the signature or fingerprint of the complainant; the letter requesting withdrawal of the complaint must be sent to the competent authority responsible for resolving the complaint.

Upon receipt of the letter requesting withdrawal of the complaint, the competent authority responsible for resolving the complaint shall suspend the resolution process and notify the complainant in writing of the suspension of the complaint resolution.

Complaints falling under any of the following circumstances shall not be admitted for resolution:

2. The administrative decision or administrative act being complained against does not directly relate to the legitimate rights and interests of the complainant;

3. The complainant lacks full capacity for civil acts and does not have a lawful representative;

4. An unlawful representative carries out the complaint;

5. The complaint letter does not bear the signature or fingerprint of the complainant;

6. The statute of limitations or deadline for complaints has expired without justifiable cause;

7. The complaint has already been resolved by a second-level complaint decision;

8. There is a written notice suspending the resolution of the complaint, and the complainant does not continue to file a complaint within thirty days;

9. The complaint has been accepted by the Court or has been resolved by a court judgment or decision, except for a court decision suspending the resolution of an administrative case.Supplement

PART 2. RIGHTS AND OBLIGATIONS OF THE COMPLAINANT, THE COMPLAINED AGAINST PERSON, THE DISPUTE RESOLUTION AUTHORITY, AND OF LAWYERS AND LEGAL ASSISTANCE PROVIDERS

Article 12. Rights and obligations of the complainant

1. The petitioner has the following rights:

a) File a complaint on their own.

In cases where the complainant is a minor or lacks civil capacity, their legal representative shall file the complaint.

If the complainant is ill, elderly, physically impaired, or for other objective reasons cannot file the complaint themselves, they may authorize their father, mother, spouse, older brother, older sister, younger brother, younger sister, adult child, or another person with full civil capacity to file the complaint on their behalf.

b) Seek legal advice from a lawyer or authorize a lawyer to file the complaint to protect their legitimate rights and interests.

If the complainant is entitled to legal aid under the law, they may seek legal advice from a legal assistance provider or authorize a legal assistance provider to file the complaint to protect their legitimate rights and interests.

c) Participate in dialogue or authorize a legally authorized representative to participate in dialogue.

d) Access, read, copy, and reproduce documents and evidence collected by the dispute resolution authority for the purpose of resolving the complaint, except for information and documents classified as state secrets.

đ) Request individuals, agencies, or organizations that are holding or managing information and documents related to the complaint to provide such information and documents within seven days from the date of the request to submit them to the dispute resolution authority, except for information and documents classified as state secrets.

e) Request the dispute resolution authority to apply urgent measures to prevent consequences that may arise from the implementation of the administrative decision being complained about.

g) Present evidence regarding the complaint and explain their views on such evidence.

i) Have their legitimate rights and interests restored; be compensated for damages according to the provisions of the law.

k) File a second complaint or initiate an administrative lawsuit at the court in accordance with the Administrative Procedure Code.

l) Withdraw the complaint.

2. The petitioner has the following obligations:

a) To file the petition with the competent authority;

b) Truthfully present the facts, provide evidence regarding the correctness and reasonableness of the complaint; provide relevant information and documents to the dispute resolution authority; bear legal responsibility for the content presented and the provision of information and documents.

c) Comply with the administrative decision or administrative act they are complaining about during the complaint period, except when such decision or act is temporarily suspended from enforcement according to Article 35 of this Law.d) Strictly comply with the decision on the resolution of the complaint once it has taken legal effect.

3. The complainant shall perform other rights and obligations as prescribed by law.

Article 13. Rights and obligations of the complained against person

a) Provide evidence regarding the legality of the administrative decision or administrative act being complained about.

1. The respondent has the following rights:

b) Access, read, copy, and reproduce documents and evidence collected by the dispute resolution authority for the purpose of resolving the complaint, except for information and documents classified as state secrets.

c) Request individuals, agencies, or organizations that are holding or managing information and documents related to the complaint to provide such information and documents within seven days from the date of the request to submit them to the dispute resolution authority, except for information and documents classified as state secrets.

d) Receive the second decision on the resolution of the complaint.

a) Participate in dialogue or authorize a legally authorized representative to participate in dialogue.

2. The respondent has the following obligations:

b) Comply with the decision to verify the content of the complaint issued by the competent agency or unit responsible for resolving the complaint.

c) Provide information and documents related to the content of the complaint, explain the legality and correctness of the administrative decision or administrative act being complained about when requested by the dispute resolution authority or the agency or unit conducting verification within seven days from the date of the request.

d) Strictly comply with the decision on the resolution of the complaint once it has taken legal effect.

đ) Amend or revoke the administrative decision, terminate the administrative act being complained about.

e) Compensate for damage caused by their unlawful administrative decision or administrative act according to the provisions of the law on State liability for compensation.

3. The complained against person shall perform other rights and obligations as prescribed by law.

3. The person being complained against shall exercise other rights and perform other obligations as prescribed by law.

Article 14. Rights and Obligations of the First-Level Complaint Resolver

1. The first-level complaint resolver has the following rights:

a) To request the complainant, relevant agencies, organizations, and individuals to provide information, documents, and evidence within seven days from the date of the request for the purpose of resolving the complaint;

b) To decide on applying or revoking emergency measures as prescribed atd) Strictly comply with the decision on the resolution of the complaint once it has taken legal effect.

2. The first-level complaint resolver has the following obligations:

a) To accept complaints and notify in writing the complainant, competent agencies, organizations, and individuals transferring the complaint, and the state inspection agency at the same level about accepting the complaint for resolution regarding administrative decisions and actions complained of;

b) To resolve complaints concerning administrative decisions and actions when requested by the complainant;

c) To organize dialogue with the complainant, the person against whom the complaint is made, and relevant agencies, organizations, and individuals;

d) To send the decision on resolving the complaint to the complainant and be responsible under the law for the resolution of the complaint; in cases where the complaint is transferred by a competent agency, organization, or individual, they must inform those entities of the resolution results according to the law;

đ) To provide information, documents, and evidence related to the content of the complaint when requested by the complainant; to provide the complaint resolution file when requested by the second-level complaint resolver or the court;

3. The first-level complaint resolver shall resolve compensation and restitution for damages caused by administrative decisions and actions according to the law on state liability for compensation;

4. The first-level complaint resolver shall perform other rights and obligations as prescribed by law.

Article 15. Rights and Obligations of the Second-Level Complaint Resolver

1. The second-level complaint resolver has the following rights:

a) To request the complainant, the person against whom the complaint is made, and relevant agencies, organizations, and individuals to provide information, documents, and evidence within seven days from the date of the request for the purpose of resolving the complaint;

b) To decide on applying or revoking emergency measures as prescribed atd) Strictly comply with the decision on the resolution of the complaint once it has taken legal effect.

c) To summon relevant agencies, organizations, and individuals to participate in dialogue;

d) To request expert appraisal;

2. The second-level complaint resolver has the following obligations:

a) To accept, process, and establish case files for complaints within their jurisdiction;

b) To examine and verify the content of the complaint;

c) To organize dialogue with the complainant, the person against whom the complaint is made, and relevant agencies, organizations, and individuals;

d) To issue a decision on resolving the complaint and publish the decision on resolving the complaint;

đ) To provide information and documents related to the content of the complaint when requested by the complainant, the person against whom the complaint is made, or the court;

3. The second-level complaint resolver shall perform other rights and obligations as prescribed by law.

Article 16. Rights and Obligations of Lawyers and Legal Aid Counsel

1. Lawyers and legal aid counselors have the following rights:

a) To participate in the complaint resolution process upon the complainant's request;

b) To exercise the rights and fulfill the obligations of the complainant when authorized;

c) To verify and collect evidence related to the content of the complaint upon the complainant's request and provide evidence to the complaint resolver;

d) To study the case file, copy, and reproduce documents and evidence related to the content of the complaint to protect the lawful rights and interests of the complainant, except for information and documents classified as state secrets;

2. Lawyers and legal aid counselors participating in complaint resolution have the following obligations:

a) To present their lawyer card, legal aid counselor card, and assignment decision for legal aid, request for legal assistance, or power of attorney from the complainant;

b) To act in accordance with the content and scope authorized by the complainant;

3. Lawyers and legal aid counselors shall perform other rights and obligations as prescribed by law.

Chapter 3

SETTLEMENT OF COMPLAINTS

PART 1. COMPETENCE TO SETTLE COMPLAINTS

The Chairman of the People's Committee of Commune, Ward, Town (hereinafter referred to collectively as commune level); Head of Agencies under the People's Committee of District, City District, Town, and Provincial-City (hereinafter referred to collectively as district level) have the competence to settle initial complaints against their own administrative decisions and administrative acts, or those of persons directly under their management.

1. Settle initial complaints against their own administrative decisions and administrative acts.

2. Settle second-level complaints against administrative decisions and administrative acts of the Chairman of the People's Committee at the commune level, Heads of Agencies under the People's Committee at the district level who have already settled the initial complaint but there is still a complaint or the initial complaint has exceeded the time limit but has not been resolved.

The Head of Agencies under Department and equivalent level has the competence to settle initial complaints against their own administrative decisions and administrative acts, or those of staff directly under their management.

1. Settle initial complaints against their own administrative decisions and administrative acts, or those of staff directly under their management;

Article 21. Competence of the Chairman of the People's Committee at the provincial level

1. Settle initial complaints against their own administrative decisions and administrative acts.

3. Settle disputes regarding the competence to settle complaints among agencies and units under their management.

Article 22. Competence of the Head of Agencies under the Ministry, under the agency equivalent to a ministry, under the Government agency

The Head of Agencies under the Ministry, under the agency equivalent to a ministry, under the Government agency (hereinafter referred to collectively as the Head of Agencies under the Ministry) have the competence to settle complaints against their own administrative decisions and administrative acts, or those of staff directly under their management.

Article 23. Competence of the Minister

1. Settle initial complaints against their own administrative decisions and administrative acts, or those of staff directly under their management.

2. Settle second-level complaints against administrative decisions and administrative acts of the Head of Agencies under the Ministry who have already settled the initial complaint but there is still a complaint or the initial complaint has exceeded the time limit but has not been resolved.

3. Settle second-level complaints against administrative decisions and administrative acts of the Chairman of the People's Committee at the provincial level with content within the scope of management of the Ministry that have already been settled at the initial level but there is still a complaint or the initial complaint has exceeded the time limit but has not been resolved.

4. Settle disputes regarding the competence to settle complaints among agencies and units under their management.

Article 24. Authority of the Government Inspector General

1. Assist the Prime Minister in overseeing, inspecting, urging ministries, ministerial-level agencies, government agencies, and people's committees at all levels in receiving citizens, handling complaints, and enforcing decisions on complaint resolution that have legal effect.

1. Assist heads of state management agencies at the same level in conducting inspections, verifying, concluding, and proposing solutions for handling complaints within the authority of the head of the state management agency at the same level when assigned.

2. Assist heads of state management agencies at the same level in overseeing, inspecting, urging agencies under their direct management in receiving citizens, handling complaints, and enforcing decisions on complaint resolution that have legal effect.

In cases where violations of laws on complaints causing damage to the interests of the State, the legitimate rights and interests of citizens, agencies, and organizations are discovered, propose to the head of the state management agency at the same level or suggest competent authorities to take necessary measures to stop the violation, examine responsibility, and handle the violators.

Article 26. Authority of the Prime Minister

1. Lead the work of handling complaints of ministries, ministerial-level agencies, government agencies, and people's committees at all levels.

2. Handle proposals of the Government Inspector General as stipulated in Clause 2 of Article 24 of this Law.Article 24, Clause 2 of this Law.

3. Direct and resolve disputes regarding jurisdiction over complaint resolution among ministries, ministerial-level agencies, government agencies, and provincial people's committees.

Section 2. PROCEDURES AND FORMS FOR FIRST-TIME COMPLAINT HANDLING

Within 10 days from the date of receipt of a complaint within its authority and not falling under any of the circumstances prescribed in Article 11 of this Law, the competent authority for first-time complaint resolution must accept and resolve the complaint; notify in writing the complainant, the agency, organization, or individual with the authority to transfer the complaint, and the state inspectorate at the same level; if it does not accept and resolve the complaint, it must clearly state the reasons.within ten days from the date of receipt of the complaint within their jurisdiction and not falling under any of the cases stipulated inArticle 11 of this Law, the competent authority for initial complaint resolution must accept and resolve the complaint; notify in writing the complainant, the agency, organization, or individual with the authority to transfer the complaint, and the state inspection agency at the same level; if it does not accept and resolve the complaint, it must clearly state the reasons.

Article 28. Time Limit for First-Time Complaint Resolution

The time limit for first-time complaint resolution shall not exceed 30 days from the date of acceptance; for complex cases, the resolution period may be extended but shall not exceed 45 days from the date of acceptance.

In remote areas with difficult access, the complaint resolution period shall not exceed 45 days from the date of acceptance; for complex cases, the resolution period may be extended but shall not exceed 60 days from the date of acceptance.

Article 29. Verification of Complaint Content

1. Within the time limit prescribed in Article 28 of this Law, the competent authority for first-time complaint resolution has the following responsibilities:a) Recheck administrative decisions, administrative acts of oneself, or of persons directly managed by oneself who are responsible, and if the complaint is correct, issue a decision to resolve the complaint immediately;

b) If there is no basis to conclude on the content of the complaint, conduct verification and conclusion on the complaint content themselves or entrust the state inspectorate at the same level or the agency, organization, or individual responsible (hereinafter referred to collectively as the verification responsible person) to verify the complaint content and propose a solution to resolve the complaint.

2. Verification must ensure objectivity, accuracy, and timeliness through the following methods:

a) Direct inspection and verification at the location where the complaint arose;

b) Inspection and verification through documents and evidence provided by the complainant, the respondent, and related agencies, organizations, or individuals.

3. The verification responsible person has the following rights and obligations:

c) Other methods prescribed by law.

a) Request the complainant, the respondent, and related agencies, organizations, or individuals to provide information, documents, and evidence about the complaint content;

b) Request the complainant, the respondent, and related agencies, organizations, or individuals to explain in writing about matters related to the complaint;

c) Summon the complainant, the respondent, and related agencies, organizations, or individuals;

d) Conduct other inspection and verification measures as prescribed by law;

d) To request expert appraisal;

e) Report the verification results and bear legal responsibility for the verification results.

4. The report on verification results includes the following contents:

a) Object of verification;

b) Time of verification;

c) Person conducting verification;

d) Verification results;

d) Content to be verified;

e) Conclusion and proposal on the content of complaint resolution.

e) Conclude and recommend the content of the complaint resolution.

1. During the initial complaint resolution process, if there are discrepancies between the complainant's request and the verified content of the complaint, the complaint resolver shall organize a dialogue with the complainant, the person complained against, those with rights and obligations related to the matter, and relevant agencies, organizations, and individuals to clarify the content of the complaint, the complainant's request, and the direction for resolving the complaint; the dialogue must be conducted openly and democratically.

2. The complaint resolver has the responsibility to notify in writing the complainant, the person complained against, those with rights and obligations related to the matter, and relevant agencies and organizations about the time, place, and content of the dialogue.

3. During the dialogue, the complaint resolver must clearly state the content that needs to be discussed and the results of verifying the complaint content; participants in the dialogue have the right to present their opinions and provide evidence related to the complaint and their requests.

4. The dialogue must be recorded in a minutes document; the minutes must clearly record the opinions of the participants, the results of the dialogue, and the signatures or fingerprints of the participants; if a participant does not sign or fingerprint to confirm, the reason must be clearly stated; this minutes document will be kept in the complaint case file.

5. The results of the dialogue are one of the bases for resolving the complaint.

Article 31. Decision on Initial Complaint Resolution

1. The initial complaint resolver must issue a decision to resolve the complaint.

2. The decision on complaint resolution at the first level must include the following contents:

a) Date of issuance of the decision;

b) Name and address of the complainant and the person complained against;

c) Content of the complaint;

d) The results of verifying the content of the complaint;

đ) Dialogue results (if any);

e) Legal basis for resolving the complaint;

g) Conclusions regarding the content of the complaint;

h) Maintaining, amending, supplementing, or revoking part or all of the administrative decision, terminating the administrative act complained about; resolving specific issues within the content of the complaint;

i) Compensation for damages to the aggrieved party (if applicable);

i) The right to appeal a second time, the right to initiate an administrative lawsuit at the court.

3. In cases where multiple people jointly lodge a complaint about the same content, the authority responsible for resolving the complaint shall examine and conclude on the content of the complaint and base its decision on resolving the complaint for each individual or issue a decision on resolving the complaint accompanied by a list of the complainants based on such conclusions.

Article 32. Sending the Decision on Initial Complaint Resolution

Within three working days from the date of issuing the decision on complaint resolution, the initial complaint resolver has the responsibility to send the decision on complaint resolution to the complainant, the immediate superior head of the person resolving the complaint, or the competent authority, those with rights and obligations related to the matter, the agency, organization, or individual who forwarded the complaint, and the State Inspectorate at the same level.

Article 33. Second Appeal or Initiation of an Administrative Case

If appealing a second time, the complainant must submit a petition along with the decision on initial complaint resolution and related documents to the authority responsible for resolving the second-level complaint.

2. Upon expiration of the time limit for resolving complaints as stipulated inArticle 28 of this Law provides that if the initial complaint is not resolved or the complainant disagrees with the decision on the initial complaint resolution, the complainant has the right to initiate an administrative lawsuit at the court in accordance with the provisions of the Administrative Procedure Code.

Article 34. Complaint Resolution File

1. The resolution of complaints must be recorded in a file. The complaint resolution file includes:

a) The complaint letter or record of the complaint;

b) Documents and evidence provided by the parties;

c) Inspection, verification records, conclusions, and appraisal results (if any);

d) Dialogue organization minutes (if any);

đ) Decision on complaint resolution;

e) Other related documents.

2. The complaint resolution file must be paginated in the order of the documents and kept in accordance with the law. In case the complainant initiates an administrative lawsuit at the court, such file must be transferred to the competent court upon request.

Article 35. Application of Urgent Measures

During the complaint resolution process, if it is deemed that the implementation of the administrative decision being complained about will cause irreparable consequences, the complaint resolver must issue a decision to temporarily suspend the implementation of that decision. The temporary suspension period shall not exceed the remaining time for resolution. The temporary suspension decision must be sent to the complainant, the respondent, those with rights and obligations related to the matter, and other responsible implementers. When the reason for the temporary suspension no longer exists, the temporary suspension decision must be immediately revoked.

PART 3. PROCEDURES AND FORMS FOR SECOND COMPLAINT RESOLUTION

Article 36. Acceptance of Second Complaint Resolution

2. For complex complaints, if necessary, the second-level complaint resolver may establish an Advisory Board to seek opinions on resolving the complaint.

Article 37. Time Limit for Second Complaint Resolution

The time limit for second complaint resolution shall not exceed 45 days from the date of acceptance; for complex cases, the resolution time may be extended but shall not exceed 60 days from the date of acceptance.

In remote areas where travel is difficult, the resolution time shall not exceed 60 days from the date of acceptance; for complex cases, the resolution time may be extended but shall not exceed 70 days from the date of acceptance.

Article 38. Verification of Second Complaint Content

The person authorized to resolve the second complaint bases on the nature and content of the complaint, conducts verification and conclusion of the complaint content themselves or assigns a responsible person to verify the complaint content and propose a solution to the complaint. The verification is carried out according to the provisions ofClauses 2, 3, and 4 of Article 29 of this Law.

Article 39. Second Dialogue Organization

During the second complaint resolution process, the complaint resolver conducts dialogue with the complainant, the respondent, those with rights and obligations related to the matter, and relevant authorities, organizations, or individuals to clarify the complaint content, the complainant's requests, and the direction for complaint resolution. The second dialogue organization is carried out according to the provisions ofArticle 30 of this Law.

Article 40. Decision on the second-level complaint resolution

1. The person resolving the second-level complaint must issue a decision to resolve the complaint.

2. The decision on the second-level complaint resolution must include the following contents:

a) Date of issuance of the decision;

b) Name and address of the complainant and the respondent;

c) Content of the complaint;

d) The result of the first-level complaint resolver's complaint resolution;

đ) The result of verifying the complaint content;

e) The result of dialogue;

g) Legal basis for resolving the complaint;

h) Conclusion that the complaint content is correct, partially correct, or entirely incorrect. In cases where the complaint is correct or partially correct, it shall require the person who issued the administrative decision or administrative act being complained about to amend, revoke partially or entirely the administrative decision, terminate the complained administrative act. In cases where the conclusion is that the complaint content is entirely incorrect, it shall require the complainant and those with rights and obligations related to the matter to strictly implement the administrative decision or administrative act;

i) Compensation for the person suffering damage (if any);

k) The right to initiate an administrative lawsuit at the Court.

Article 41. Sending and publishing the decision on complaint resolution

1. Within seven days from the date of issuing the decision on complaint resolution, the person resolving the second-level complaint must send the decision on complaint resolution to the complainant, the person being complained against, the first-level complaint resolver, those with rights and obligations related to the matter, and the competent authority or organization that transferred the complaint.

2. The person resolving the second-level complaint may choose one or more of the following public forms:

a) Announce at a meeting of the agency or organization where the person being complained against works;

b) Post at the office premises or place of receiving citizens of the agency or organization that resolved the complaint;

c) Notify through mass media.

3. The Government shall provide detailed regulations on the public announcement of the decision on complaint resolution.

Article 42. Initiating an administrative lawsuit

After the time limit for resolving complaints as prescribed in Article 37 of this Law has expired, if the complaint is not resolved or the complainant disagrees with the second-level complaint resolution decision, they have the right to initiate an administrative lawsuit at the Court according to the provisions of the Administrative Procedure Code.Article 43. Documentation for Resolving Second-Level Complaints

The resolution of second-level complaints must be documented in accordance with the provisions of Article 34 of this Law, accompanied by the advisory council's written opinion (if any).

PART 4. ENFORCEMENT OF COMPLAINT RESOLUTION DECISIONS WITH LEGAL EFFECTArticle 44. Complaint Resolution Decisions with Legal Effect

1. The first-level complaint resolution decision becomes legally effective thirty days after issuance, provided that the complainant does not file a second-level complaint; for remote areas with difficult access, the period may be extended but not exceed forty-five days.

2. The second-level complaint resolution decision becomes legally effective thirty days after issuance; for remote areas with difficult access, the period may be extended but not exceed forty-five days.

3. If the complainant disagrees with the complaint resolution decision, they have the right to initiate an administrative lawsuit at the Court according to the provisions of the Administrative Procedure Code.

4. A complaint resolution decision with legal effect takes immediate effect upon becoming legally effective.

3. If the complainant disagrees with the decision on complaint resolution, they have the right to initiate an administrative lawsuit before the court in accordance with the provisions of the Administrative Procedure Code.

4. The complaint resolution decision having legal effect shall take immediate effect.

Article 45. Persons responsible for implementing decisions on complaints that have legal effect

1. The person handling the complaint;

2. The complainant;

3. The person against whom the complaint is made;

4. Persons with related rights and obligations;

5. Agencies, organizations, and individuals related to the matter.

Article 46. Enforcement of decisions on complaints that have legal effect

1. Within their scope of duties and authority, the person handling the complaint shall be responsible for directing agencies, organizations, and individuals under their management to implement decisions on complaints that have legal effect; if necessary, they may request competent authorities to take measures to ensure the enforcement of such decisions; organize the implementation or take the lead and coordinate with relevant organizations and agencies to implement measures to restore the legitimate rights and interests of the complainant; propose other agencies and organizations to resolve issues related to the enforcement of decisions on complaints (if applicable).

2. When a decision on a complaint has legal effect, the complainant and persons with related rights and obligations shall be responsible for the following:

a) Cooperating with competent agencies, organizations, and individuals in restoring their legitimate rights and interests that were violated by administrative decisions or acts contrary to the law;

b) Complying with administrative decisions or acts that were complained about and which have been recognized by competent authorities as lawful;

c) Complying with the enforcement decisions of competent authorities to implement decisions on complaints that have legal effect.

3. Within their scope of duties and authority, agencies, organizations, and individuals related to the matter shall be responsible for complying with administrative decisions of competent authorities to enforce decisions on complaints that have legal effect; coordinating with competent agencies, organizations, and individuals in organizing the enforcement of decisions on complaints that have legal effect when requested.

4. The Government shall provide detailed regulations on this matter.

Chapter 4

COMPLAINTS AND RESOLUTION OF COMPLAINTS REGARDING DISCIPLINARY DECISIONS FOR PUBLIC OFFICIALS AND CIVIL SERVANTS

Article 47. Complaints regarding disciplinary decisions

A complaint regarding a disciplinary decision is the act of a public official or civil servant, in accordance with procedures stipulated by this Law, requesting a competent agency, organization, or individual to review a disciplinary decision concerning a public official or civil servant when there is evidence that the decision is contrary to the law and directly infringes upon their rights and legitimate interests.

Article 48. Time limit for complaints

The initial time limit for filing a complaint is fifteen days from the date the public official or civil servant receives the disciplinary decision.

The second time limit for filing a complaint is ten days from the date the public official or civil servant receives the decision on the initial complaint; for a disciplinary decision ordering termination of employment, the second time limit for filing a complaint is thirty days from the date the public official or civil servant receives the decision on the initial complaint.

In cases where the complainant cannot exercise their right to complain within the prescribed time limit due to illness, natural disasters, enemy activities, official duties, distant study, or other objective obstacles, the period during which such obstacles exist shall not be included in the statute of limitations for complaints.

Article 49. Forms of complaints

A complaint must be submitted in writing. In the complaint letter, the date, name, and address of the complainant must be clearly stated; the content, reasons for the complaint, and the complainant's requests must be detailed, and the letter must be signed by the complainant. The initial complaint letter must be sent to the person who issued the disciplinary decision. The second complaint letter must be sent to the competent authority responsible for resolving the second-level complaint.

The time limits for accepting and resolving initial and second-level complaints are as follows:

Within 10 days from the date of receipt of a complaint within its authority and not falling under any of the circumstances prescribed in Article 11 of this Law, the competent authority for first-time complaint resolution must accept and resolve the complaint; notify in writing the complainant, the agency, organization, or individual with the authority to transfer the complaint, and the state inspectorate at the same level; if it does not accept and resolve the complaint, it must clearly state the reasons.Within ten days from the date of receipt of the complaint, the authority responsible for resolving complaints must accept it for processing and notify the complainant.

The resolution period for complaints shall not exceed thirty days from the date of acceptance; for complex cases, the resolution period may be extended but shall not exceed forty-five days from the date of acceptance.

Article 51. Competence to resolve complaints

1. The head of the agency or organization authorized to manage cadres and civil servants at the appropriate level has the competence to resolve initial complaints regarding disciplinary decisions issued by them.

2. The head of the superior agency or organization directly overseeing the management of cadres and civil servants has the competence to resolve complaints if further complaints are made.

3. The Minister of Home Affairs has the competence to resolve complaints regarding disciplinary decisions that have been initially resolved by the Minister, the Head of a Ministry equivalent to a ministry, the Head of a government agency, or the Chairman of the People's Committee of a province, but which remain unresolved or have exceeded the initial resolution period without being resolved.

Article 52. Verification of Complaint Content

During the process of resolving complaints, the authority responsible for resolving complaints has the following responsibilities:

1. To directly or delegate a person responsible to re-examine the disciplinary decision against the cadre or civil servant complained about, and to review the content of the complaint. If the content of the complaint is clear, they should request the Disciplinary Council of cadres and civil servants to examine and propose a resolution to the competent authority.

2. In cases where the content of the complaint is not clearly determined, they themselves or delegate a person responsible to verify and conclude on the content of the complaint. The person responsible for verification has the rights and obligations as stipulated in Clause 3 of Article 29 of this Law.The verification of the content of the complaint must be documented and reported to the authority responsible for resolving complaints. After obtaining the results of verifying the content of the complaint, they should request the Disciplinary Council of cadres and civil servants to examine and propose a resolution to the authority responsible for resolving complaints.

Article 53. Organizing Dialogue

1. The authority responsible for resolving complaints must organize a dialogue with the complainant before issuing a decision to resolve the complaint.

Participants in the dialogue include the authority responsible for resolving complaints, the complainant, the person responsible for verification, and other relevant persons.

2. During the dialogue, the person resolving the complaint must clearly state the content to be discussed and the results of verifying the content of the complaint; participants in the dialogue have the right to present their opinions, provide evidence related to the complaint, and express their demands.

3. The dialogue must be recorded in a minutes document; the minutes must clearly record the opinions of the participants, the results of the dialogue, and be signed by the participants; if a participant does not sign to confirm, the reason must be clearly stated; this minutes document will be kept in the file for resolving the complaint.

4. The results of the dialogue are one of the bases for resolving the complaint.

Article 54. Decision Resolving Initial Complaints

1. The person resolving initial complaints must issue a decision to resolve the complaint in writing. The decision to resolve the complaint must include the following contents:

d) Results of the dialogue;

a) Date of issuance of the decision;

b) Name and address of the complainant and the respondent;

c) Content of the complaint;

d) The results of verifying the content of the complaint;

g) Conclusion on whether the content of the complaint is correct, partially correct, or entirely incorrect;

e) Legal basis for resolving the complaint;

h) Maintaining, amending, supplementing, or revoking part or all of the disciplinary decision complained about;

k) Right to file a second-level complaint or to initiate an administrative lawsuit at the court concerning the disciplinary decision ordering termination of employment.

i) Compensation for the person suffering damage (if any);

2. The decision resolving initial complaints must be sent to the complainant and relevant agencies or organizations.

2. The initial complaint resolution decision must be sent to the complainant and relevant agencies or organizations.

Article 55. Handling Second-Level Complaints

The authority responsible for handling second-level complaints shall have the following responsibilities:

1. Requesting the entity that issued the disciplinary decision against the civil servant who filed the complaint to report on the review of the disciplinary action and the resolution of the complaint.

2. Conducting verification themselves or assigning a responsible person to conduct verification and conclude on the content of the complaint. The verification of the complaint content must be documented and reported to the authority responsible for handling the complaint.

3. Chairing a dialogue with the complainant. Participants in the dialogue include:

a) The complainant;

b) The person responsible for verifying the content of the complaint;

c) The person against whom the complaint was made.

4. The content of the dialogue shall be in accordance with Clause 2 and Clause 3 of Article 53 of this Law.Article 53, Clause 2 and Clause 3 of this Law.

Article 56. Decision on Resolving Second-Level Complaints

1. A decision on resolving second-level complaints must contain the following contents:

a) Date of issuance of the decision;

b) Name and address of the complainant and the respondent;

d) Verification results;

g) Conclusion on whether the content of the complaint is correct, partially correct, or entirely incorrect;

e) Legal basis for resolving the complaint;

g) Conclusions on each specific issue within the content of the complaint of the disciplined person and the resolution of the first-level complaint handler;

h) Compensation for the person suffering damage (if any);

i) The right to initiate an administrative lawsuit at the court regarding the disciplinary decision compelling termination of employment.

2. The decision on resolving second-level complaints must be sent to the complainant, the first-level complaint handler, and those with rights and obligations related to the case within seven days from the date of issuance.

The decision on resolving second-level complaints of the Minister, Head of a ministry-equivalent agency, Head of a government-affiliated agency, and Chairman of the provincial People's Committee must be sent to the General Inspector of the Government and the Minister of Home Affairs.

Article 57. Legal Effectiveness of Decisions on Resolving Complaints and Initiating Administrative Litigation

1. Decisions on resolving complaints concerning disciplinary decisions against civil servants having legal effect include:

a) A first-level complaint resolution decision having legal effect thirty days after issuance if the complainant does not file a second-level complaint;

b) A second-level complaint resolution decision having legal effect thirty days after issuance.

2. Decisions on resolving complaints having legal effect become enforceable immediately.

3. In cases where a civil servant holding a position from Deputy Director-General and equivalent downwards is compelled to terminate employment due to disciplinary action and disagrees with the decision on resolving the complaint regarding the compulsory termination decision or the initial and second-level complaint resolution deadlines under Article 50 of this Law have expired without the complaint being resolved, they have the right to initiate an administrative lawsuit at the court according to the provisions of the Administrative Procedure Code.If the complaint is not resolved in accordance with Article 50 of this Law, the complainant has the right to initiate an administrative lawsuit before the court in accordance with the provisions of the Administrative Procedure Code.

Article 58. Enforcement of Decisions on Resolving Complaints Concerning Disciplinary Decisions Against Civil Servants Having Legal Effect

1. When a decision on resolving complaints concerning disciplinary decisions against civil servants has legal effect, the head of the agency, organization, or unit where the civil servant works shall be responsible for publicly announcing the decision on resolving the complaint to all civil servants in the agency, organization, or unit; applying measures within their authority or coordinating with relevant agencies and organizations to enforce the decision on resolving the complaint; compensating for damages in accordance with the law.

2. The Government shall provide detailed regulations for this Article.

3. The responsibilities of those receiving citizens shall be implemented in accordance with Article 8 of the Law on Receiving Citizens.

Article 59. Citizen Reception Office, Citizen Reception Location

1. The citizen reception office of the Party and State shall be organized at central and local levels to receive citizens who come to lodge complaints, file accusations, make proposals, and reflect situations according to the regulations of competent authorities.

A citizen reception location is a place arranged by competent authorities, organizations, or individuals to receive citizens who come to lodge complaints, file accusations, make proposals, and reflect situations according to the law.

2. The head of the agency or organization shall be responsible for organizing citizen reception; ensuring necessary conditions for citizen reception; arranging staff with sufficient moral qualities, capabilities, qualifications, knowledge, and understanding of policies and laws, and a sense of responsibility for citizen reception work related to complaints, accusations, proposals, and reflections.

Article 60. Rights and Obligations of Citizens Lodging Complaints, Filing Accusations, Making Proposals, and Reflecting Situations at Citizen Reception Offices and Locations

1. Present personal identification documents, comply with the citizen reception regulations, and follow the guidance of the citizen reception staff.

2. Truthfully present the matter, provide relevant information and documents concerning their complaints, accusations, proposals, and reflections, and sign or affix their fingerprints on the record confirming the contents presented.

3. Be guided and explained about the implementation of complaint rights.

4. Appoint representatives to present to the citizen reception staff when multiple people are lodging complaints or filing accusations about the same content.

5. Lodge complaints about wrongful acts, hindrances, harassment, or annoyance caused by the citizen reception staff.

Article 61. Responsibility for Citizen Reception of Heads of Agencies and Organizations

1. Heads of state agencies, Chairpersons of People's Committees at all levels shall directly receive citizens regularly as follows:

a) Chairperson of the People's Committee at the commune level at least one day per week;

b) Chairperson of the People's Committee at the district level at least two days per month;

c) Chairperson of the People's Committee at the provincial level at least one day per month;

d) Heads of other state agencies at least one day per month.

2. The citizen reception activities of Chairpersons of People's Committees at all levels and Heads of state agencies must be linked to the resolution of complaints within their jurisdiction and directing the resolution of complaints according to the jurisdiction of the Heads of state agencies under their management.

3. Inspectors at all levels shall be responsible for organizing regular citizen reception in accordance with the law.

4. Heads of other organizations shall be directly responsible for receiving citizens at least once a month.

5. In addition to regular citizen reception, Chairpersons of People's Committees at all levels and heads of agencies and organizations must receive citizens when there is an urgent request.

Article 62. Responsibilities of Citizen Reception Staff and Persons in Charge of Citizen Reception Offices and Locations

1. Receive citizens' complaints, accusations, proposals, and reflections; classify them and transfer them to the competent authority for resolution according to the law.

2. Guide and explain to citizens about policies and laws related to the content of their requests.

3. Citizen reception staff have the right to refuse reception in the following cases:

a) Citizens who come to lodge complaints, file accusations, make proposals, or reflect situations regarding matters that have been examined and resolved with decisions or conclusions by the competent authority according to the law and have been fully answered;

b) Citizens who violate the citizen reception regulations.

4. Persons in charge of citizen reception offices and locations within their duties and powers shall be responsible for monitoring, inspecting, and urging the resolution of complaints and accusations by the competent authority; handle according to their authority or recommend the competent authority to handle violations of laws on complaints and accusations by those responsible for resolving complaints and accusations.

Chapter 6

RESPONSIBILITIES OF COMPETENT AUTHORITIES, ORGANIZATIONS, AND INDIVIDUALS IN MANAGING THE WORK OF COMPLAINT RESOLUTION

Article 63. Responsibilities of State Administrative Authorities for Handling Complaints

1. The Government shall uniformly manage state administrative affairs concerning the handling of complaints by administrative agencies throughout the country.

The Government Inspectorate shall be responsible to the Government for implementing state management over the handling of complaints nationwide.

2. Ministries, ministerial-level agencies, and People's Committees at all levels shall implement state management over the handling of complaints within their respective jurisdictions.

Article 64. Responsibilities of the People's Court, the People's Procuracy, the State Audit Office, the National Assembly Office, the President's Office, other state agencies, political organizations, and socio-political organizations

1. The Supreme People's Court, the Supreme People's Procuracy, the State Audit Office, the National Assembly Office, the President's Office, other state agencies, and political and socio-political organizations shall manage the handling of complaints within their functions, tasks, and powers, and periodically report to the Government on the handling of complaints by their agencies and organizations.

Article 65. Coordination Responsibilities in Handling Complaints

1. In cases where necessary, the Prime Minister shall work with the Chief Justice of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy, the Auditor General, and the heads of other state agencies; the Chairman of the Provincial People's Committee shall work with the Chief Justice of the People's Court and the Prosecutor General of the People's Procuracy at the same level to coordinate in handling complaints.

2. The Government, the Supreme People's Court, and the Supreme People's Procuracy shall regularly report to the National Assembly, the Standing Committee of the National Assembly, the President, and inform the Central Committee of the Vietnam Fatherland Front about the handling of complaints.

Ministries, ministerial-level agencies, government agencies, and provincial People's Committees shall report to the Government on the handling of complaints by their agencies and localities according to a regular schedule or upon request from the Government.

Article 66. Supervision by the Vietnam Fatherland Front and its Member Organizations

1. The Vietnam Fatherland Front and its member organizations shall be responsible for supervising the implementation of laws on complaints as stipulated in this Law; encouraging citizens to strictly comply with laws on complaints; organizing citizen reception for complaint purposes; when receiving complaints, they shall study and guide complainants to the competent authorities for complaint resolution.

2. Complaints transferred by the Vietnam Fatherland Front Committee and its member organizations must be reviewed and resolved by the complaint resolver, and within seven days from the date of the decision to resolve, a written notification of the resolution result must be provided to the transferring organization; if dissatisfied with the resolution result, the transferring organization has the right to request higher-level authorities to review and resolve; the authority receiving the request has the responsibility to respond to the request within seven days from the date of the resolution decision.

Chapter 7

HANDLING VIOLATIONS

Article 67. Handling of Violations of Law by Complaint Handlers

A complaint handler who commits any of the acts prescribed in Clauses 1, 2, 3, and 4 of Article 6 of this Law or violates other provisions of the law in handling complaints shall be subject to disciplinary action or criminal responsibility pursued depending on the nature and severity of the violation; if damage is caused, compensation or restitution must be provided according to the law.Article 68. Handling of Violations of Law Regarding Complaints by Complainants and Other Related Persons

Article 69. Effectiveness and Transitional Provisions1. This Law takes effect from July 1, 2012.

Chapter 8

IMPLEMENTING PROVISIONS

The provisions on complaints and complaint resolution in the Law on Complaints and Petitions No. 09/1998/QH10, which have been amended and supplemented by Laws No. 26/2004/QH11 and No. 58/2005/QH11, cease to be effective from the date this Law takes effect.

2. For complaints that have been accepted for resolution before the date this Law takes effect, they shall be handled according to the provisions of the Law on Complaints and Petitions No. 09/1998/QH10, which has been amended and supplemented by Laws No. 26/2004/QH11 and No. 58/2005/QH11.

Article 70. Detailed Regulations

The Government shall provide detailed regulations for the Articles and Clauses assigned and Chapter V of this Law.

This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the 13th term, second session, on November 11, 2011.

The Government shall provide detailed regulations on the articles and clauses assigned and Chapter V of this Law.

This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the 13th term, second session, on November 11, 2011.