Decree No. 124/2020/ND-CP detailing a number of articles and implementing measures of the Law on Petitions

DECREE

Providing detailed provisions on certain articles

and measures to implement the Law on Petitioning

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||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on Petition dated November 11, 2011;

At the proposal of the Government Inspectorate;

The Government issues this Decree to provide detailed regulations for certain provisions and measures to implement the Law on Petitioning. 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree provides detailed regulations for the following provisions of the Law on Petitioning:

a) Clause 2, Article 3 regarding petitioning and handling petitions in public service units;

b) Clause 4, Article 8 regarding multiple persons petitioning about the same matter;

c) Clause 3, Article 41 regarding the public announcement of decisions resolving petitions;

d) Clause 4, Article 46 regarding the enforcement of decisions resolving petitions that have legal effect;

e) Clause 2, Article 58 regarding the enforcement of decisions resolving petitions concerning disciplinary decisions against officials and civil servants that have legal effect.

2. It also stipulates certain measures to implement the Law on Petitioning including: forms of petitioning; second-level petitioning; representation in petitioning; procedures and formalities for handling petitions; examination of violations in handling petitions; and handling of violations.

Article 2. Applicability

This Decree applies to agencies, organizations, and Vietnamese citizens; agencies, organizations, and foreign individuals in Vietnam in matters of petitioning administrative decisions and administrative acts, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

Chapter II

PETITIONING, APPOINTING REPRESENTATIVES TO PRESENT PETITIONS

AND THE RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS, AND INDIVIDUALS

IN COOPERATING TO HANDLE CASES INVOLVING MULTIPLE PERSONS

PETITIONING ABOUT THE SAME MATTER

Section 1

PETITIONING, APPOINTING REPRESENTATIVES TO PRESENT PETITIONS

Article 3. Forms of petitioning

1. The forms of petitioning shall be carried out in accordance with Clause 1 and Clause 2 of Article 8 of the Law on Petitioning. The petition form shall be implemented according to Form No. 01 issued together with this Decree.

2. In cases where the petitioner comes to file a direct petition, the person receiving the petition shall guide the petitioner to write a petition form or record the petition in writing according to Form No. 01 issued together with this Decree.

Article 4. Second-level petitioning

1. Within thirty days from the expiration date of the time limit for handling the first-level petition as prescribed in Article 28 of the Law on Petitioning, if the first-level petition is not resolved or if the petitioner disagrees with the decision resolving the first-level petition upon receipt thereof, the petitioner has the right to file a second-level petition with the authority responsible for resolving second-level petitions; for remote areas with difficult access, the time limit may be extended but not exceeding forty-five days.

In cases of second-level petitioning, the petitioner must submit the petition along with the decision resolving the first-level petition and related documents to the authority responsible for resolving second-level petitions.

2. If the first-level petition is not resolved within the prescribed time limit, the petitioner shall submit the petition to the authority responsible for resolving second-level petitions, clearly stating the reasons and attaching relevant documents regarding the petition case. The authority responsible for resolving second-level petitions must consider accepting and resolving the petition according to the procedures and formalities for second-level petitioning. The decision resolving the petition in this case is the decision resolving the second-level petition.

3. The authority resolving second-level petitions shall apply measures to hold accountable those responsible for resolving first-level petitions if they violate the law.

Article 5. Representation in Complaints

1. The complainant may file a complaint personally or authorize a lawyer, legal aid officer, or another person with full capacity for civil acts to file the complaint on their behalf. In cases where the complainant is a minor or lacks capacity for civil acts, their legal representative shall file the complaint. The determination of representatives is carried out in accordance with civil law regulations.

2. Agencies and organizations file complaints through their legal representatives. The legal representatives of agencies and organizations may authorize lawyers or other persons with full capacity for civil acts to file complaints on their behalf.

3. The authorization provided for in Clause 1 and Clause 2 of this Article must be in writing and certified or notarized. The authorizer may authorize one or multiple persons to file complaints regarding different authorized contents but may not authorize one content to be executed by multiple persons. The complaint authorization document is implemented according to Model No. 02 issued together with this Decree.

4. If the complainant dies while the complaint is being processed and their rights and obligations are inherited according to the law, the heir has the right to file a complaint; when filing a complaint, the heir must present to the competent authority handling the complaint documents proving their inheritance rights. The heir may file a complaint personally or authorize a lawyer, legal aid officer, or another person with full capacity for civil acts to file the complaint on their behalf. In cases where there are multiple heirs, those individuals have the right to authorize one of the heirs or a lawyer, legal aid officer, or another person with full capacity for civil acts to file the complaint on their behalf.

Article 6. Appointment of Representatives When Multiple People File Complaints About the Same Content

1. When multiple people file complaints about the same content, they must appoint a representative to present the complaint content. The representative must be one of the complainants.

2. The appointment of representatives is carried out as follows:

a) In cases where there are from 05 to 10 complainants, no more than 02 representatives should be appointed;

b) In cases where there are 11 or more complainants, additional representatives may be appointed, but not exceeding 05 representatives.

Article 7. Document Appointing a Representative

1. The appointment of a representative to present the complaint content as stipulated in point a and point b, Clause 4, Article 8 of the Law on Complaints must be in writing.

2. The document appointing a representative to file a complaint must include the following contents:

a) Date, month, year;

b) Name, address of the representative of the complainants;

c) Content and scope of representation;

d) Signature or thumbprint of the complainants;

đ) Other related contents (if any).

3. The representative must bear responsibility under the law for their representation.

Section 2

 LIABILITY OF AUTHORITIES, ORGANIZATIONS, AND INDIVIDUALS

 IN COORDINATION IN HANDLING CASES INVOLVING MULTIPLE PEOPLE

PETITIONING ABOUT THE SAME MATTER

Article 8. Responsibilities of Agencies, Organizations, and Individuals in Coordinating the Handling of Cases Where Multiple People File Complaints About the Same Content at the Commune Level

1. When multiple people file complaints about the same content at the commune level (commonly referred to as the commune level), the Chairman of the People's Committee at the commune level shall be responsible for:

a) Assigning staff to meet with the representatives of the complainants to hear the presentation of the complaint content. In complex cases, the Chairman of the People's Committee at the commune level shall chair and coordinate with the Vietnam Fatherland Front and related political-social organizations to meet and hear the representatives of the complainants present the complaint content;

b) Directing the police force at the commune level to maintain public order at places where multiple people gather to file complaints;

c) Persuading and guiding complainants to file complaints in accordance with the provisions of the law on complaints.

2. The Chief of the Police Force at the commune level shall be responsible for chairing and coordinating with security forces and civilian defense units to maintain public order at places where people gather to file complaints; handling violations according to the law.

3. The Chairman of the People's Committee at the commune level shall handle and resolve complaints within their jurisdiction as prescribed by law on complaints; if the complaint is outside their jurisdiction, they shall guide citizens to the competent state agency to resolve it.

Article 9. Responsibilities of agencies, organizations, and individuals in coordinating to handle cases where multiple people collectively appeal on the same matter at the district level

1. The head of the agency where the collective appeal occurs shall be responsible for dispatching staff or personally receiving representatives of the appellants at the venue for receiving citizens to hear their appeals. If the appeal case falls within the jurisdiction of the agency, the head of the agency shall resolve it according to the law; if not within the jurisdiction, they shall guide the appellant to the competent authority for resolution.

2. The head of the district-level Citizen Reception Board where the collective appeal occurs shall be responsible for:

a) Chairing or advising the Chairman of the People's Committee of the district, town, city, or provincial city (collectively referred to as the district level) to receive representatives of the appellants;

b) When necessary, requesting the Chairman of the People's Committee of the commune where the appeal case occurred and related agencies and organizations to provide information and documents about the appeal case or dispatch responsible persons to participate in receiving representatives of the appellants;

c) Monitoring and urging the Chairman of the People's Committee of the commune to resolve the appeal cases transferred by the district-level Citizen Reception Board.

3. The Chairman of the People's Committee at the district level shall directly or dispatch responsible persons to receive representatives of the appellants to hear their appeals; resolving the appeals according to the law.

4. The head of the district-level Public Security Office shall be responsible for ensuring public security and order; handling violations according to the law.

5. The heads of related agencies shall be responsible for providing information and documents about the appeal case; participating in receiving representatives of the appellants upon request of the competent authority for resolving appeals.

Article 10. Responsibilities of agencies, organizations, and individuals in coordinating to handle cases where multiple people collectively appeal on the same matter at the provincial level

1. The head of the agency where the collective appeal occurs shall be responsible for dispatching staff or personally receiving representatives of the appellants at the venue for receiving citizens to hear their appeals. If the appeal case falls within the jurisdiction of the agency, the head of the agency shall resolve it according to the law; if not within the jurisdiction, they shall guide the appellant to the competent authority for resolution.

2. The head of the provincial-level Citizen Reception Board shall be responsible for:

a) Chairing or advising the Chairman of the Provincial People's Committee or the People's Committee of a centrally governed municipality (collectively referred to as the provincial level) to receive representatives of the appellants;

b) When necessary, requesting the Chairman of the People's Committee of the district where the appeal case occurred to participate or dispatch responsible persons to participate in receiving representatives of the appellants;

c) Requesting related agencies and organizations to provide information and documents about the appeal case; participating in receiving representatives of the appellants;

d) Monitoring and urging the Chairman of the People's Committee of the district to resolve the appeal cases transferred by the provincial-level Citizen Reception Board.

3. The head of the public security agency managing the area and the Director of the provincial-level Public Security Office shall be responsible for ensuring public security and order; handling violations according to the law.

4. The Chairman of the People's Committee at the provincial level shall directly or dispatch responsible persons to receive representatives of the appellants to hear their appeals; resolving the appeals according to the law.

5. The heads of related agencies shall be responsible for providing information and documents about the appeal case; participating in receiving representatives of the appellants upon request of the competent authority for resolving appeals.

Article 11. Responsibilities of agencies, organizations, and individuals in coordinating to handle cases where multiple people collectively appeal on the same matter to central agencies

1. The head of the agency where the collective appeal occurs shall be responsible for dispatching staff or personally receiving representatives of the appellants at the venue for receiving citizens to hear their appeals. If the appeal case falls within the jurisdiction of the agency, the head of the agency shall resolve it according to the law; if not within the jurisdiction, they shall guide the appellant to the competent authority for resolution.

2. The head of the Central Citizen Reception Board shall be responsible for:

a) Chairing and coordinating with representatives of central agencies related to the appeal case and the authorized person of the People's Committee of the province where the appeal case occurred to receive the appellants;

b) When necessary, requesting the Chairman of the People's Committee of the province where the appeal case occurred to participate or dispatch responsible persons to participate in receiving representatives of the appellants;

c) Requesting related agencies and organizations to provide information and documents about the appeal case; participating in receiving representatives of the appellants;

d) Monitoring and urging the Chairman of the People's Committee of the province to resolve the appeal cases transferred by the Central Citizen Reception Board;

đ) Coordinating with the Chairman of the People's Committee of the province to mobilize and persuade citizens to return to their locality.

3. The Chairman of the People's Committee of the province where the appeal case occurred shall be responsible for:

a) Directly or dispatching responsible persons to coordinate with the Central Citizen Reception Board and relevant central functional agencies to receive representatives of the appellants;

b) Providing information and documents about the appeal case upon request of the authorized person;

c) Resolving the appeal within his/her jurisdiction or directing subordinate agencies under his/her management to resolve the appeal according to the law;

d) Mobilizing and persuading citizens to return to their locality through appropriate measures.

4. The Public Security Office at the commune, district, and provincial levels managing the area where the collective appeal occurs shall be responsible for implementing measures to ensure public order; handling violations according to the law.

5. The heads of related agencies shall be responsible for providing information and documents related to the appeal case upon request of the authorized person for resolving appeals; participating in receiving citizens and resolving appeals related to their industry or field when requested.

Article 12. Responsibilities of the Government Inspector General, Minister of Public Security, Chairman of the People's Committee of Hanoi City, and Chairman of the People's Committee of Ho Chi Minh City

1. Within their respective functions, tasks, and authorities, the Government Inspector General and the Minister of Public Security shall be responsible for implementing, guiding, inspecting, and urging the Chairmen of People's Committees, public security agencies, inspection agencies at all levels, and related agencies to handle cases involving multiple people collectively complaining about the same matter.

2. The Chairman of the People's Committee of Hanoi City and the Chairman of the People's Committee of Ho Chi Minh City shall be responsible for supporting and coordinating with the Government Inspector General, the Minister of Public Security, the Central Reception Office in Hanoi City and Ho Chi Minh City, and relevant ministries and sectors in handling cases involving multiple people collectively complaining about the same matter when requested.

Chapter III

PETITIONING AND RESOLVING PETITIONS IN PUBLIC SERVICE UNITS

Provincial People's Committees set specific pricesỰ ENTERPRISE PUBLIC SERVICES

Article 13. Petitioning administrative decisions and actions in public service units

Petitioning administrative decisions and actions in public service units is the act of organizations, individuals following procedures stipulated by the Law on Petitions and this Decree, requesting public service units or persons authorized within such units to review administrative decisions and actions when there is evidence that these decisions or actions are contrary to the law and directly infringe upon their legitimate rights and interests.

Article 14. Authority to resolve petitions in public service units

1. The head of a public service unit has the authority to resolve initial petitions against administrative decisions and actions made by themselves or directly managed officials.

2. The head of a higher-level public service unit has the authority to resolve second-level petitions against administrative decisions and actions resolved by the head of a lower-level public service unit but still subject to petition or where the initial petition has expired without resolution.

For public service units without a direct higher-level public service unit, the head of the state agency managing such public service unit has the authority to resolve second-level petitions.

3. Petitions against administrative decisions and actions of public service units established by the Prime Minister and managed by the Minister or Head of a ministry equivalent to a minister in charge of the sector or field are resolved by the person with the authority to resolve second-level petitions.

Article 15. Rights and obligations of the petitioner, the respondent, the resolver of petitions, time limit for petitions, time limit for resolving petitions, procedure and process for resolving petitions

The rights and obligations of the petitioner, the respondent, the resolver of petitions, the time limit for petitions, the time limit for resolving petitions, the procedure and process for resolving administrative decisions and actions in public service units are implemented according to the provisions of the Law on Petitions and this Decree.

Chapter IV

PROCEDURE AND PROCEDURES FOR HANDLING COMPLAINTS

Section 1

ACCEPTANCE, PREPARATION FOR INVESTIGATION OF COMPLAINT CONTENT

Article 16. Acceptance of petition resolution

1. Within ten working days from the date of receiving a petition regarding an administrative decision, administrative action, or disciplinary decision concerning civil servants and public officials within their authority to resolve and not falling under any of the circumstances specified in Article 11 of the Law on Petitions, the person with the authority to resolve initial or second-level petitions must accept and resolve the petition. In cases where multiple people collectively petition about the same matter and appoint a representative to present the petition, acceptance occurs if the petition contains signatures of all petitioners and a document appointing the representative as prescribed in Article 7 of this Decree. If acceptance does not occur, the reasons must be clearly stated in the notification sent to the petitioner.

2. For petitions regarding administrative decisions and actions, the person with the authority to resolve petitions shall notify the acceptance or non-acceptance in writing to the petitioner, the agency, organization, unit, or individual with the authority to transfer the petition (if applicable), and the state inspection agency at the same level. For petitions regarding disciplinary decisions concerning civil servants and public officials, the notification of acceptance or non-acceptance is sent to the petitioner. In cases where multiple people collectively petition about the same matter and appoint a representative to file the petition, the notification of acceptance or non-acceptance is sent to one of the representatives.

Notification of accepting petition resolution is carried out according to Model No. 03 issued together with this Decree. Notification of not accepting petition resolution is carried out according to Model No. 04 issued together with this Decree.

Article 17. Re-examination of administrative decisions, administrative acts, and disciplinary decisions for civil servants and public officials subject to complaint

1. After accepting a complaint, the authority responsible for primary complaint resolution shall re-examine the administrative decision or administrative act that is the subject of the complaint.

For complaints regarding disciplinary decisions for civil servants and public officials, the authority responsible for complaint resolution must directly re-examine such decisions or assign a person with responsibility to re-examine the disciplinary decisions for civil servants and public officials that are the subject of the complaint.

2. The content of the re-examination includes:

a) Legal basis for issuing administrative decisions, implementing administrative acts, and issuing disciplinary decisions for civil servants and public officials;

b) Authority to issue administrative decisions, implement administrative acts, and issue disciplinary decisions for civil servants and public officials;

c) Content of administrative decisions, implementation of administrative acts, and disciplinary decisions for civil servants and public officials;

d) Procedures, formalities, and presentation techniques for issuing administrative decisions and disciplinary decisions for civil servants and public officials.

đ) Other contents (if any).

3. After re-examination, if it is found that the complaint is valid, the authority responsible for primary complaint resolution shall immediately issue a decision to resolve the complaint. If there is no basis to conclude on the content of the complaint, the authority responsible for complaint resolution shall conduct an investigation.

In cases of complaints regarding disciplinary decisions for civil servants and public officials, if it is determined that the content of the complaint has a basis, the authority responsible for complaint resolution shall request the Disciplinary Council for civil servants and public officials to review and propose a solution from the authority responsible for resolution.

Article 18. Assignment of Tasks for Investigating Complaint Content

The person resolving the complaint conducts their own investigation or assigns the State Inspectorate at the same level or an agency, organization, unit, or individual under their management to investigate the complaint content. The person resolving the complaint or the agency, organization, or unit assigned the task of investigating issues a Decision on Investigation of Complaint Content, specifying clearly the investigator, rights and obligations of the investigator, time frame, and content of the investigation. The Decision on Investigation of Complaint Content is implemented according to Model No. 05 issued together with this Decree.

Section 2

CONDUCTING VERIFICATION OF COMPLAINT CONTENT

Article 19. Direct Meetings with the Complainant, Representative, Authorized Person, Lawyer, and Legal Aid Counsel of the Complainant

1. The person resolving the complaint or the person assigned the task of investigating the complaint content shall meet directly with the complainant, representative, authorized person, lawyer, or legal aid counsel of the complainant and request them to provide information, documents, and evidence related to personal identity and the content of the complaint.

2. The content of the meeting is recorded in a minutes document, clearly stating the time, location, participants, content, and having signatures from all parties. In cases where the complainant does not cooperate, does not attend the meeting, or does not sign the minutes, the minutes will be signed by witnesses or representatives of local authorities. The minutes are prepared in at least two copies, each party retains one copy. The minutes of the meeting are carried out according to Model No. 06 issued together with this Decree.

Article 20. Direct Meetings with Persons with Rights and Interests Related and the Subject of the Complaint

1. During the initial complaint resolution process, the person resolving the complaint or the person assigned the task of investigating shall meet directly with persons with rights and interests related and request them to provide information, documents, and evidence related to the content of the complaint.

2. During the second complaint resolution process, the person resolving the complaint or the person assigned the task of investigating shall meet directly with the subject of the complaint, persons with rights and interests related, and request them to provide information, documents, and evidence related to the content of the complaint, and explain about the administrative decision or administrative act being complained about.

3. The content of the meetings specified in Clause 1 and Clause 2 of this Article is recorded in a minutes document, clearly stating the time, location, participants, content, and having signatures from all parties. The minutes are prepared in at least two copies, each party retains one copy. The minutes of the meeting are carried out according to Model No. 06 issued together with this Decree.

Article 21. Requesting relevant agencies, organizations, units, and individuals to provide information, documents, and evidence

During the process of verifying the content of complaints, the person handling the complaint or the person assigned the task of verification shall send a written request to relevant agencies, organizations, units, and individuals to provide information, documents, and evidence related to the content of the complaint. The request document shall be implemented according to Model No. 07 issued together with this Decree.

In cases where direct work is conducted with relevant agencies, organizations, units, and individuals to request the provision of information, documents, and evidence, a working record shall be established. The working record must be made in at least two copies, each party retains one copy. The working record shall be implemented according to Model No. 06 issued together with this Decree.

Article 22. Receiving and processing information, documents, and evidence

When receiving information, documents, and evidence directly provided by the complainant or their representative, authorized agent, lawyer, or legal aid provider, the person handling the complaint or the person assigned the task of verification must establish a handover record. The handover record shall be implemented according to Model No. 08 issued together with this Decree.

Article 23. On-site Verification

1. When necessary, the person handling the complaint or the person assigned the task of verification shall conduct on-site verification to collect, check, and determine the accuracy, legality, and completeness of information, documents, and evidence related to the content of the complaint case.

2. On-site verification must be recorded in a working record, clearly stating the time, location, participants, content, results of verification, opinions of those involved in verification, and other relevant persons. The working record shall be implemented according to Model No. 06 issued together with this Decree.

Article 24. Requesting Appraisal

1. The person handling the complaint decides to request an appraisal when it is deemed necessary to have an evaluation regarding the content related to expertise and technology as a basis for concluding the content of the complaint.

2. The complainant, the respondent, and relevant agencies and organizations may request the person handling the complaint to request an appraisal. If the request from the complainant, the respondent, and relevant agencies and organizations has a basis, the person handling the complaint will decide to request an appraisal.

The decision to request an appraisal under Clause 1 and Clause 2 of this Article shall be implemented according to Model No. 09 issued together with this Decree.

3. The request for an appraisal shall be made in writing, clearly stating the name of the appraisal agency or organization, the information and documents to be appraised, the content of the appraisal request, and the deadline for issuing the appraisal conclusion.

The written request to the appraisal agency or organization shall be implemented according to Model No. 10 issued together with this Decree.

Article 25. Working with Relevant Parties during the Process of Verifying the Content of Complaints

If the verification results differ from the information, documents, and evidence provided by the complainant and the respondent, the person handling the complaint or the person assigned the task of verification must organize a meeting with the complainant and the respondent; if necessary, invite relevant agencies, organizations, units, and individuals to participate in the meeting.

The content of the meeting must be recorded in a working record, clearly stating the time, location, participants, content, opinions of those involved, agreed contents, issues with differing opinions, and signatures of all parties. The working record must be made in at least three copies, each party retains one copy. The working record shall be implemented according to Model No. 06 issued together with this Decree.

Article 26. Suspension of the Execution of Administrative Decisions Subject to Complaint

1. During the process of handling complaints, if it is deemed that the execution of the administrative decision subject to complaint will cause difficult-to-remedy consequences, the person handling the complaint shall issue a decision to temporarily suspend the execution of the administrative decision subject to complaint. The temporary suspension period shall not exceed the remaining time for resolving the complaint. The decision on temporary suspension shall be implemented according to Model No. 11 issued together with this Decree.

2. When it is determined that the reasons for the temporary suspension no longer exist, the person handling the complaint must immediately issue a decision to revoke the decision on temporary suspension. The decision to revoke the decision on temporary suspension shall be implemented according to Model No. 12 issued together with this Decree.

Article 27. Report on the Results of Investigating the Content of Complaints

1. The person assigned the task of investigating must report truthfully and objectively the results of investigating the content of complaints in writing to the person handling the complaints.

2. The report on the results of investigating the content of complaints includes the contents prescribed in Clause 4 of Article 29 of the Law on Complaints. In the report, information about the complainant, the respondent, the administrative decision, the administrative act or the disciplinary decision against civil servants subject to complaint, the complainant's request, the grounds for complaint; previous complaint resolution results (if any); verification results for each assigned content; conclusion that the complained content is entirely correct, entirely incorrect, or partially correct; recommendations to maintain, revoke entirely, or amend and supplement partially the administrative decision, disciplinary decision against civil servants, or terminate the complained administrative act; recommendations regarding the issuance of a decision to resolve the complaint.

The report on the results of investigation shall be carried out according to Model No. 13 issued together with this Decree.

Article 28. Organization of Dialogue during the Second Stage of Complaint Resolution

1. During the second stage of complaint resolution, the person handling the complaint must organize dialogue.

a) The person handling the second-stage complaint is the Chairman of the People's Committee at the district level, Director of the Department or equivalent must directly dialogue with the complainant.

b) The person handling the second-stage complaint is the Minister, Head of a ministry-level agency, Chairman of the People's Committee at the provincial level must directly dialogue in cases of complex complaints (involving multiple people complaining about the same content, having different opinions from competent authorities on measures to resolve, the complainant has a harsh attitude, public opinion is concerned, the case affects political security, social order and safety).

For other cases, the person handling the complaint may delegate their deputy or the head of the specialized department at the same level or the head of the unit under their jurisdiction assigned to verify to dialogue with the complainant. During the dialogue, the person delegated must promptly report to the person handling the complaint about complex issues exceeding their authority; upon completion of the dialogue, they must report to the person handling the complaint about the dialogue results and take responsibility for the content of the report.

2. The person chairing the dialogue must conduct direct dialogue with the complainant, the respondent, and those with rights and interests related to the matter. The person chairing the dialogue must clearly state the content to be discussed, the results of verifying the complaint content; participants in the dialogue have the right to present their opinions, provide additional information, evidence related to the complaint and their requests. The person chairing the dialogue is responsible for notifying in writing to the participants in the dialogue including the complainant, the representative (in cases where multiple people complain about the same content), the respondent, those with rights and obligations related to the matter, relevant agencies and organizations about the time, place, and content of the dialogue.

3. The dialogue shall be recorded in a minutes document, clearly stating the time, place, participants (listing those present and absent; in cases where the complainant does not participate in the dialogue, it should be noted whether there is a reason or not), content, opinions of the participants, agreed points, issues still having differing opinions, and signed by all parties. The minutes shall be made in at least three copies, each party keeping one copy. The minutes of the dialogue shall be carried out according to Model No. 14 issued together with this Decree.

Section 3

 ISSUANCE, TRANSMISSION, PUBLIC DISCLOSURE OF COMPLAINT RESOLUTION DECISIONS AND ESTABLISHMENT, MANAGEMENT OF COMPLAINT RESOLUTION FILES

COMPLAINT RESOLUTION DECISIONS AND ESTABLISHMENT, MANAGEMENT OF COMPLAINT RESOLUTION FILES

Article 29. Issuance, Sending, and Publicizing the Decision on Handling Complaints

1. Based on the provisions of the law, the results of verifying the content of complaints, and the results of dialogue (if any), the person handling the complaint shall issue the decision on handling complaints according to the following regulations:

a) The decision on handling complaints regarding administrative decisions and administrative acts issued for the first time shall be carried out in accordance with Article 31 of the Law on Complaints; the decision on handling complaints for the second time shall be carried out in accordance with Article 40 of the Law on Complaints.

In the decision on handling complaints, it must clearly state the conditions for accepting the handling of complaints; the name and address of the complainant and the person complained against; the content of the complaint, reasons for the complaint, and the complainant's request for resolution; the result of previous complaint resolutions (if any); the result of verifying the content of the complaint; clearly stating the basis for concluding that the content of the complaint is entirely correct, entirely incorrect, or partially correct; maintaining, revoking entirely, or amending and supplementing part of the administrative decision or terminating the complained administrative act (for the first-time resolution decision) or requesting the person who made the administrative decision or administrative act to amend, revoke part or all of the administrative decision or terminate the complained administrative act (for the second-time resolution); compensation for damage to the damaged party (if any) and resolving other related issues; the right to file a second complaint or to initiate an administrative lawsuit at the court.

b) The decision on handling complaints for the first time concerning disciplinary decisions against civil servants shall be carried out in accordance with Article 54 of the Law on Complaints; the decision on handling complaints for the second time concerning disciplinary decisions against civil servants shall be carried out in accordance with Article 56 of the Law on Complaints.

In the decision on handling complaints, it must clearly state the name and address of the complainant and the person complained against; the content of the complaint, reasons for the complaint, verification results, and dialogue results; clearly stating the legal bases for handling the complaint; conclusions about the content of the complaint; maintaining, amending, supplementing, or revoking part or all of the disciplinary decision (for the first-time resolution decision) or conclusions about each specific issue within the content of the complaint and the resolution of the first-time complaint handler (for the second-time resolution decision); compensation for damage to the damaged party (if any) and resolving other related issues; the right to file a second complaint or to initiate a lawsuit at the court.

c) The decision on handling complaints for the first time shall be implemented according to Model No. 15, and the decision on handling complaints for the second time shall be implemented according to Model No. 16 promulgated together with this Decree.

2. Forwarding the complaint resolution decision:

a) For the decision on handling complaints regarding administrative decisions and administrative acts:

Within three working days from the date of issuing the first-time resolution decision, the person handling the complaint has the responsibility to send the decision on handling complaints to the complainant, the immediate superior head of the person handling the complaint; the second-time complaint handler, persons with rights and obligations related to the matter; relevant agencies, organizations, and individuals.

Within seven working days from the date of issuing the second-time resolution decision, the person handling the complaint must send the decision on handling complaints to the complainant, the person complained against, the first-time complaint handler; persons with rights and obligations related to the matter; relevant agencies, organizations, and individuals.

b) For the decision on handling complaints regarding disciplinary decisions against civil servants:

Within three working days from the date of issuing the first-time resolution decision, the person handling the complaint has the responsibility to send the decision on handling complaints to the complainant, the person complained against; persons with rights and obligations related to the matter; relevant agencies, organizations, and individuals.

Within seven working days from the date of issuing the second-time resolution decision, the person handling the complaint has the responsibility to send the decision on handling complaints to the complainant, the first-time complaint handler; persons with rights and obligations related to the matter; relevant agencies, organizations, and individuals. The second-time resolution decision of the Minister, the Head of a Governmental Department, the Head of a Government Agency, or the Chairman of the People's Committee of a province must be sent to the General Inspectorate under the Government and the Minister of Home Affairs.

3. Publicizing the decision on handling complaints:

Within fifteen days from the date of the decision on handling complaints, the authority responsible for handling complaints has the responsibility to publicize the decision on handling complaints in one of the following forms:

a) Announcing at a meeting of the agency or organization where the person complained against works.

Participants include: the person handling the complaint, the complainant or their representative, the person complained against, and relevant agencies, organizations, and individuals. Before conducting the public meeting, the authority responsible for handling complaints must notify relevant agencies, organizations, and individuals in writing at least three days in advance.

b) Posting at the workplace or the reception area for citizens of the agency or organization that resolved the complaint. The posting period for the decision on handling complaints must be at least fifteen days from the date of posting.

c) Announcing through mass media.

Announcing the decision on handling complaints through mass media such as radio, television, print, and online newspapers. The authority responsible for handling complaints has the responsibility to choose one of the mass media to carry out the announcement. If the authority of the person responsible for handling complaints has an electronic portal or website, they must publicize on the electronic portal or website. The number of announcements on radio broadcasts must be at least two times; on television broadcasts, at least two times; on print publications, at least two consecutive issues. The posting period on the internet, on the electronic portal, or on the website must be at least fifteen consecutive days.

Article 30. Establishment and Management of Complaint Resolution Files

The person assigned the task of verifying the content of complaints shall be responsible for establishing complaint resolution files; collecting information, documents, evidence, and proof related to the content of the complaint, verification results, conclusions, recommendations, and decisions on resolving the complaint.

Chapter V

IMPLEMENTATION OF COMPLAINT RESOLUTION DECISIONS WITH LEGAL EFFECT

COMPLAINTS WITH LEGAL EFFECT

Article 31. Responsibilities of the Complaint Resolver in Implementing Decisions Resolving Complaints with Legal Effect

1. Within the latest five working days from the date the decision resolving the complaint acquires legal effect, within the scope of their duties and authority, the complaint resolver shall be responsible for applying measures to implement or issuing directives to relevant agencies, organizations, or individuals to organize the implementation of the decision resolving the complaint with legal effect. The directive shall clearly specify the responsibilities of the implementing agency or organization; the agency, organization, or individual required to implement; the responsibilities of relevant agencies, organizations, or individuals; the content and deadlines for implementation; and the reporting of implementation results to the complaint resolver.

2. The competent authority resolving the complaint shall be responsible for implementing the decision resolving the complaint with legal effect themselves or entrusting the relevant agency or organization to implement it, or having the state inspection agency at the same level oversee, urge, and inspect the implementation of the decision resolving the complaint with legal effect. In case of discovering that the agency, organization, or individual does not implement or implements incorrectly, incompletely, or untimely the decision resolving the complaint with legal effect, they shall apply measures within their authority to handle it promptly and strictly. If the matter exceeds their authority, they shall recommend the competent agency, organization, or individual to handle it.

Article 32. Responsibilities of the Complainee in Implementing Decisions Resolving Complaints with Legal Effect

1. Based on the decision resolving the complaint with legal effect, the complainee shall be responsible for organizing the implementation of the decision resolving the complaint with legal effect.

a) In cases where the decision resolving the complaint requires amending, supplementing, revoking part or all of the administrative decision, the complainee must issue a new decision to replace or amend and supplement the complained administrative decision; apply measures within their authority to restore the legitimate rights and interests of the complainant and those affected.

b) In cases where the decision resolving the complaint concludes that the complained administrative decision is in accordance with the law, the complainant must comply with that administrative decision. If the complainant does not comply, the competent authority must organize coercive enforcement against the complainant to implement the administrative decision. The authority, procedures, and methods for enforcing administrative decisions are carried out according to the provisions of the law on coercive enforcement of administrative decisions. The competent authority for enforcement must develop an effective and feasible plan for organizing coercive enforcement; focus on persuading the person subject to enforcement to voluntarily comply with the administrative decision before applying coercive measures; closely coordinate with organizations and groups participating in the enforcement process.

c) In cases where the decision resolving the complaint concludes that the administrative act is in accordance with the law, the complainant must comply. In cases where the decision resolving the complaint concludes that the administrative act is contrary to the law, the complainee must cease the administrative act.

2. The complainee shall be responsible for reporting to the competent agency, organization, or individual about the implementation of the decision resolving the complaint with legal effect.

Article 33. Responsibilities of the complainant in enforcing decisions on complaints that have legal effect

1. Cooperate with competent authorities, organizations, and individuals to restore their lawful rights and interests that were violated by administrative decisions or administrative acts contrary to the law (if applicable).

2. Comply with administrative decisions or administrative acts under complaint if such administrative decisions or administrative acts are concluded by the competent authority to be in accordance with the law.

3. Comply with decisions of competent authorities to implement decisions on complaints that have legal effect.

Article 34. Responsibilities of persons with lawful rights and interests related in enforcing decisions on complaints that have legal effect

1. Collaborate with competent authorities, organizations, and individuals in restoring the lawful rights and interests of the complainant; restore their own lawful rights and interests that were violated by administrative decisions or administrative acts contrary to the law.

2. Comply with administrative decisions of competent authorities to implement decisions on complaints that have legal effect and relate to their lawful rights and interests.

Article 35. Responsibilities of agencies and organizations managing civil servants in enforcing decisions on complaints that have legal effect

Agencies and organizations managing civil servants with administrative decisions or administrative acts under complaint within their functions, tasks, and powers shall be responsible for implementing decisions on complaints that have legal effect; guide, inspect, and urge civil servants in enforcing decisions on complaints that have legal effect.

Article 36. Responsibilities of agencies assigned to organize enforcement of decisions on complaints that have legal effect

1. Apply measures within their competence to organize enforcement of decisions on complaints that have legal effect; take the lead and coordinate with relevant agencies and organizations in organizing enforcement of administrative decisions as stipulated in point a, Clause 1, Article 32 of this Decree; request agencies, organizations, and individuals under their management to apply measures to enforce administrative decisions. In cases exceeding their competence, they shall propose to competent agencies, organizations, and individuals to apply measures to enforce decisions on complaints that have legal effect.

2. Assist the head of the administrative agency that issued the decision on complaints in monitoring, inspecting, and urging agencies, organizations, individuals, and civil servants assigned to enforce decisions on complaints that have legal effect.

3. Report to the competent authority in a timely manner about issues arising during the enforcement of decisions on complaints that have legal effect.

Article 37. Responsibilities of other agencies, organizations, and individuals in enforcing decisions on complaints that have legal effect

Within their functions, tasks, and powers, relevant agencies, organizations, and individuals shall be responsible for complying with administrative decisions of competent authorities to implement decisions on complaints that have legal effect; cooperate with competent agencies, organizations, and individuals in organizing implementation of decisions on complaints that have legal effect when requested.

Article 38. Review of the Handling of Petitions Violating Laws

When discovering the handling of petitions that violate laws, causing damage to the interests of the State, the rights and legitimate interests of citizens, agencies, and organizations, the Prime Minister shall require the competent authority or assign the Government Inspector General, Ministers, or Heads of ministerial-level agencies to inspect and report to the Prime Minister for instructions on resolution.

Chapter VI

VIOLATION OF LAWS

Article 39. Principles for Handling Violations

1. The person with the authority to resolve petitions, the person assigned to verify petition contents, and the person responsible for organizing the implementation of effective decisions resolving petitions who commit violations of petition laws shall be subject to disciplinary action according to Articles 40, 41, and 42 of this Decree depending on the nature and severity of the violation. Forms of disciplinary action include reprimand, warning, demotion in rank, reduction in position, removal from office, and dismissal. If there are signs of criminal offenses, they will be held criminally liable; if damage is caused, compensation or restitution must be made according to the law.

Principles, jurisdiction, procedures, formalities, and other related matters concerning the disciplinary action against persons responsible for resolving petitions, persons assigned to verify petition contents, and persons implementing effective decisions resolving petitions who commit petition law violations but are not specified in this Decree shall be carried out according to the law on disciplinary action for cadres, civil servants, and public officials.

2. Persons filing petitions and those related who commit violations of the law shall be subject to administrative penalties or criminal liability depending on the nature and severity of the violation; if damage is caused, compensation must be made according to the law.

Article 40. Disciplinary Action Against Persons Assigned to Verify Petition Contents

1. The form of reprimand disciplinary action shall be applied to persons assigned to verify petition contents when committing any of the following acts violating the law:

a) Harassing, obstructing, creating difficulties, or causing inconvenience to the petitioner, authorized representative of the petitioner, or the respondent.

b) Shielding the respondent.

c) Threatening retaliation or harassment against the petitioner, authorized representative of the petitioner, or the respondent.

2. The form of warning disciplinary action shall be applied to persons assigned to verify petition contents when intentionally ignoring evidence, omitting information, or distorting case files during the verification process.

3. The form of reduction in position or removal from office disciplinary action shall be applied to persons assigned to verify petition contents when intentionally reporting distorted verification results leading to erroneous decision-making in resolving petitions, causing serious instability in national security and social order or resulting in death. In cases where the person assigned to verify does not hold a position, the form of demotion in rank shall be applied.

Article 41. Disciplinary Action Against Persons with Authority to Resolve Petitions

1. The form of reprimand disciplinary action shall be applied to persons with authority to resolve petitions when committing any of the following acts violating the law:

a) Harassing, obstructing, creating difficulties, or causing inconvenience to the petitioner, authorized representative of the petitioner, or the respondent.

b) Shielding the respondent.

c) Threatening retaliation or harassment against the petitioner, authorized representative of the petitioner, or the respondent.

2. The form of warning disciplinary action shall be applied to persons with authority to resolve petitions when committing any of the following acts violating the law:

a) Intentionally failing to accept and resolve a petition case within their jurisdiction when it meets the conditions for acceptance.

b) Intentionally ignoring evidence, omitting information, or distorting case files.

c) Intentionally failing to issue a decision to resolve a petition.

3. The form of reduction in position or removal from office disciplinary action shall be applied to persons with authority to resolve petitions when committing any of the following acts violating the law:

a) Seriously violating procedures and formalities in resolving petitions, causing serious instability in national security and social order or resulting in death.

b) Intentionally issuing a decision to resolve a petition contrary to the law, causing serious instability in national security and social order or resulting in death.

Article 42. Disciplinary measures against persons responsible for organizing the enforcement of decisions on handling complaints that have legal effect

1. The form of reprimand disciplinary measure shall be applied to persons responsible for organizing the enforcement of decisions on handling complaints that have legal effect when they commit one of the following violations of the law:

a) Shielding, tolerating, and not handling agencies, organizations, or individuals who are responsible but fail to enforce decisions on handling complaints that have legal effect.

b) Organizing the implementation of decisions on handling complaints that have legal effect inaccurately or incompletely.

2. The form of warning disciplinary measure shall be applied to persons responsible for organizing the enforcement of decisions on handling complaints that have legal effect when they intentionally fail to organize the enforcement of such decisions.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 43. Effective Date

1. Handling of complaints in state-owned enterprises and complaints from workers in public service units shall be carried out in accordance with the provisions of Decree No. 24/2018/NĐ-CP dated February 27, 2018 of the Government on handling complaints and denunciations in the labor sector, vocational education, dispatching Vietnamese workers abroad under contracts, employment, occupational safety and health, and related laws on complaints.

2. This Decree takes effect from December 10, 2020 and replaces Decree No. 75/2012/NĐ-CP dated October 3, 2012 of the Government detailing certain provisions of the Law on Complaints.

Article 44. Responsibility for Implementation

The Minister, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees, and relevant agencies, organizations, and individuals are responsible for implementing this Decree./.