This Chapter of the Law on Handling Reports focuses on handling reports concerning violations of laws in performing duties and official tasks. It specifies the detailed steps from accepting to finally resolving the report case, including verifying the content of the report, concluding, and publicizing the results. The Law also addresses the responsibility for timely handling of reports and the method for rehandling the case if there are errors in the initial handling process.
适用范围
Agencies, organizations, and individuals involved in receiving, processing, and resolving cases of reports regarding violations of laws in performing official duties.
要点
- Detailed provisions on the process of accepting, verifying, concluding, and handling report cases
- Responsibility of the person handling the report to ensure the deadline for resolution
- Cases requiring rehandling of report cases
- Requirement to publicize the results of handling reports to enhance transparency and accountability.
- Provisions on storing and using the files of report resolutions
🌐 本文件的社会影响
- Strengthening the effectiveness of the law in dealing with violations
- Ensuring the rights of the reporter and the reported party
- Improving transparency and accountability in official activities.
- Encouraging community participation in the monitoring and administrative reform process.
❓ 常见问题
What steps does the process of handling reports include?
The process of handling reports includes the following steps: acceptance, verification of the content of the report, conclusion of the content of the report, handling according to authority or recommending the competent authority to handle.
In which situations must a report case be rehandled?
A report case must be rehandled when there is evidence that the previous handling was not in accordance with the law, important information was overlooked, or the law was applied inaccurately.
Does the person handling the report have the responsibility to publicize the results of handling the report?
Yes, the person handling the report must publicize the conclusion of the content of the report within seven working days from the date of issuing the conclusion.
全文
LAW
COMPLAINTS
On the basis of the Constitution of the Socialist Republic of Vietnam;
The National Assembly enacts the Law on Complaints.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Law stipulates complaints and the resolution of complaints regarding acts of violation of laws in the performance of duties and public service tasks and other acts of violation of laws concerning state management in various fields; protection of complainants; responsibilities of agencies, organizations in managing the resolution of complaints.
Article 2. Interpretation of Terms
In this Law, the following terms shall be understood as follows:
1. Complaints are actions whereby individuals report to agencies, organizations, or individuals with authority about acts of violation of laws by any agency, organization, or individual causing damage or threatening to cause damage to the interests of the State, rights and legitimate interests of agencies, organizations, or individuals, including:
a) Complaints about acts of violation of laws in the performance of duties and public service tasks;
b) Complaints about acts of violation of laws concerning state management in various fields.
2. Complaints about acts of violation of laws in the performance of duties and public service tasks are complaints about acts of violation of laws in the performance of duties and public service tasks by the following subjects:
a) Civil servants, public officials, employees; others assigned to perform duties and public service tasks;
b) Individuals who are no longer civil servants, public officials, or employees but have committed acts of violation of laws during their tenure as such; individuals who are no longer assigned to perform duties and public service tasks but have committed acts of violation of laws during their tenure as such;
c) Agencies, organizations.
3. Complaints about acts of violation of laws concerning state management in various fields are complaints about acts of violation of laws concerning state management in various fields by any agency, organization, or individual regarding compliance with legal provisions, excluding acts of violation of laws in the performance of duties and public service tasks.
4. Complainant is an individual who lodges a complaint.
5. Respondent is an agency, organization, or individual whose act is complained about.
6. Complaint Resolver is an agency, organization, or individual with the authority to resolve complaints.
7. ||| Resolution of reports. is the process of accepting, investigating, concluding the content of complaints, and handling the conclusion of the content of complaints by the complaint resolver.
Article 3. Application of laws on complaints and resolution of complaints
1. Complaints and resolution of complaints shall be applied according to the provisions of this Law and other relevant legal provisions. In cases where other laws provide for complaints and resolution of complaints differently from the provisions of this Law, the provisions of those laws shall apply.
2. The acceptance and resolution of reports and information about criminal offenses shall be carried out in accordance with the provisions of the Criminal Procedure Law.
Article 4. Principles for resolving complaints
1. Resolving complaints must be timely, accurate, objective, within the scope of authority, in accordance with procedures, formalities, and deadlines prescribed by law.
2. Resolving complaints must ensure the safety of the complainant; ensure the rights and legitimate interests of the respondent during the resolution of complaints.
Article 5. Responsibilities of agencies, organizations, and individuals with authority in accepting and resolving complaints
1. Within the scope of their duties and powers, agencies, organizations, and individuals with authority shall have the following responsibilities:
a) To organize the acceptance and resolution of complaints in accordance with the provisions of the law; take necessary measures to prevent potential damage; ensure the safety of the complainant; handle strictly individuals with acts of violation of laws and bear responsibility before the law for their decisions;
b) To ensure the rights and legitimate interests of the respondent until there is a conclusion on the content of the complaint by the complaint resolver.
2. Agencies, organizations, and individuals with authority in accepting and resolving complaints who fail to accept or resolve complaints in accordance with the provisions of the law, are negligent in accepting or resolving complaints, or resolve complaints contrary to the law shall be handled strictly; if they cause damage, they must compensate or make restitution in accordance with the law.
Article 6. The responsibility for coordination of agencies, organizations, and individuals related to the handling of complaints
Within their respective duties and authorities, agencies, organizations, and individuals related to the handling of complaints shall be responsible for coordinating with the complaint handler; providing information and documents related to the content of the complaint as prescribed by law; applying protective measures for the complainant within their authority; dealing with individuals who violate the law according to the conclusion of the complaint content; dealing with agencies, organizations, and individuals who violate the law on complaints.
Article 7. Compliance with decisions on handling violations of the law reported in complaints
Decisions on handling violations of the law reported in complaints made by agencies, organizations, and individuals with the appropriate authority must be respected and strictly complied with by related agencies, organizations, and individuals. Agencies, organizations, and individuals responsible for complying with decisions on handling violations of the law reported in complaints will face strict legal consequences if they fail to comply.
Article 8. Prohibited acts in complaints and handling of complaints
1. Obstructing, causing difficulties, or harassing the complainant.
2. Being negligent or discriminating in handling complaints.
3. Disclosing the name, address, handwriting, or other information that could reveal the identity of the complainant.
4. Losing or altering case files and documents during the handling of complaints.
5. Not handling or intentionally handling complaints contrary to the law; using positions or powers to commit illegal acts, harassment, or causing inconvenience to the complainant or the accused person during the handling of complaints.
6. Failing to implement or fully implement the responsibility to protect the complainant.
7. Illegally interfering or obstructing the handling of complaints.
9. Shielding the accused person.
10. Intentionally making false complaints; compelling, inciting, instigating, or bribing others to make false complaints; using another person's name to make a complaint.
11. Bribing, threatening, retaliating against, or insulting the complaint handler.
12. Abusing the right to complain to spread propaganda against the State, infringing upon the interests of the State; disrupting public security and order; defaming, slandering, or insulting the reputation, dignity, and credibility of others.
13. Spreading false information about complaints and their handling.
Chapter II
RIGHTS AND OBLIGATIONS OF THE COMPLAINANT, THE ACCUSED PERSON, AND THE COMPLAINT HANDLER
THE ACCUSED PERSON, THE DISPUTE RESOLUTION PERSON
Article 9. Rights and obligations of the complainant
1. The complainant has the following rights:
a) Exercising the right to complain as prescribed by this Law;
b) Ensuring the confidentiality of their name, address, handwriting, and other personal information;
c) Receiving notification regarding the acceptance or non-acceptance of the complaint, transfer of the complaint to the competent agency, organization, or individual for resolution, extension of the resolution period, suspension, temporary suspension of the resolution process, resumption of the resolution process, and conclusions on the content of the complaint;
d) Complaining again if there is evidence that the competent agency, organization, or individual has handled the complaint incorrectly or not resolved it within the prescribed time limit;
đ) Withdrawing the complaint;
e) Requesting the competent agency, organization, or individual to apply protective measures for the complainant;
g) Receiving commendation or compensation for damages according to the law.
2. The complainant has the following obligations:
a) Providing personal information as stipulated in Article 23 of this Law;
b) Truthfully presenting the content of the complaint; providing information and documents related to the content of the complaint that they have obtained;
c) Bearing legal responsibility for the content of the complaint;
d) Cooperating with the complaint handler when requested;
đ) Compensating for damages caused by their intentional false complaint.
Article 10. Rights and Obligations of the Person Being Accused
1. The person being complained against has the following rights:
a) To be informed about the content of the accusation, extension of the resolution of the accusation, suspension, temporary suspension of the resolution of the accusation, and resumption of the resolution of the accusation;
b) To provide explanations and present evidence to prove that the content of the accusation is not true;
c) To receive the conclusion on the content of the accusation;
d) To have their rights and legitimate interests protected before the conclusion on the content of the accusation by the person resolving the accusation;
đ) To request competent authorities, organizations, or individuals to handle those who intentionally make false accusations or resolve accusations unlawfully;
e) To have their reputation restored, their rights and legitimate interests that were violated restored, to receive an apology and public correction, and to be compensated for damages caused by the wrongful accusation or resolution of the accusation according to the provisions of the law;
g) To appeal the decision of handling by competent authorities, organizations, or individuals according to the provisions of the law;
2. The person being complained against has the following obligations:
a) To be present for work as required by the person resolving the accusation;
b) To explain about the behavior being accused; to provide information and documents related to the content of the accusation when requested by competent authorities, organizations, or individuals;
c) To strictly comply with the decision on handling based on the conclusion on the content of the accusation by competent authorities, organizations, or individuals;
d) To compensate for damages and restitution caused by their unlawful actions;
Article 11. Rights and Obligations of the Person Resolving the Accusation
1. The person resolving the accusation has the following rights:
a) To request the accuser to attend work, provide information and documents related to the content of the accusation that the accuser possesses;
b) To request the person being accused to attend work, explain about the behavior being accused, and provide information and documents related to the content of the accusation;
c) To request or propose other authorities, organizations, or individuals to provide information and documents related to the content of the accusation;
d) To take necessary measures to verify and collect information and documents as a basis for resolving the accusation according to the provisions of this Law and other relevant laws; to apply or request, suggest competent authorities, organizations, or individuals to apply measures according to the provisions of the law to prevent and stop unlawful acts reported;
đ) To conclude the content of the accusation;
e) To handle the conclusion on the content of the accusation within their authority or to propose competent authorities, organizations, or individuals to handle it according to the provisions of the law;
2. The person resolving the accusation has the following obligations:
a) To ensure objectivity, honesty, and compliance with the law in resolving the accusation;
b) To apply necessary protective measures within their authority or to propose competent authorities to apply protective measures for the accuser;
c) Not to disclose information about the resolution of the accusation; to protect the rights and legitimate interests of the person being accused before the conclusion on the content of the accusation;
d) To inform the accuser about the acceptance or non-acceptance of the accusation, the transfer of the accusation case to competent authorities, organizations, or individuals for resolution, extension of the resolution of the accusation, suspension, temporary suspension of the resolution of the accusation, and resumption of the resolution of the accusation; to inform the accuser about the conclusion on the content of the accusation;
đ) To inform the person being accused about the content of the accusation, extension of the resolution of the accusation, suspension, temporary suspension of the resolution of the accusation, and resumption of the resolution of the accusation; to send the conclusion on the content of the accusation to the person being accused;
e) To be responsible under the law for the resolution of the accusation;
g) To compensate for damages and restitution caused by their unlawful resolution of the accusation;
Chapter III
RESOLUTION OF ACCUSATIONS AGAINST VIOLATIONS
OF THE LAW IN PERFORMING DUTIES AND PUBLIC SERVICE
Section 1
AUTHORITY TO SETTLE PETITIONS
1. Complaints regarding violations of laws in the performance of duties and public services by civil servants and officials shall be resolved by the head of the agency or organization authorized to manage such civil servants and officials.
Complaints regarding violations of laws in the performance of duties and public services by the heads or deputy heads of agencies or organizations shall be resolved by the head of the superior agency or organization directly overseeing the agency or organization concerned.
2. Complaints regarding violations of laws in the performance of duties and public services by civil servants and officials under the management authority of multiple agencies or organizations shall be primarily resolved by the head of the agency or organization directly managing the accused civil servant or official; the heads of related agencies or organizations shall cooperate in resolving the complaint.
3. Complaints regarding violations of laws in the performance of duties and public services by civil servants and officials occurring during their previous work period before transferring to another agency or organization, or no longer being a civil servant, official, shall be handled as follows:
a) In cases where the accused is the head or deputy head who has transferred to another agency or organization but still holds an equivalent position, the resolution shall be primarily conducted by the head of the superior agency or organization managing the accused at the time of the violation; the head of the current managing agency or organization shall cooperate in resolving the complaint.
b) In cases where the accused has transferred to another agency or organization and holds a higher position, the resolution shall be primarily conducted by the head of the current managing agency or organization; the head of the agency or organization managing the accused at the time of the violation shall cooperate in resolving the complaint.
In cases where the accused has transferred to another agency or organization and is the head or deputy head of that agency or organization, the resolution shall be primarily conducted by the head of the superior agency or organization overseeing the agency or organization concerned; the head of the agency or organization managing the accused at the time of the violation shall cooperate in resolving the complaint;
c) In cases where the accused has transferred to another agency or organization and does not fall under the provisions of points a and b of this clause, the resolution shall be primarily conducted by the head of the agency or organization managing the accused at the time of the violation; the head of the current managing agency or organization shall cooperate in resolving the complaint;
d) In cases where the accused is no longer a civil servant or official, the resolution shall be primarily conducted by the head of the agency or organization managing the accused at the time of the violation; the heads of related agencies or organizations shall cooperate in resolving the complaint.
4. Complaints against civil servants and officials from an agency or organization that has been merged, consolidated, divided, or separated shall be primarily resolved by the head of the post-merger, consolidation, division, or separation agency or organization where the accused is currently working; the heads of related agencies or organizations shall cooperate in resolving the complaint.
5. Complaints against civil servants and officials from an agency or organization that has been dissolved shall be resolved by the head of the agency or organization managing the agency or organization prior to its dissolution.
6. Complaints against agencies or organizations in the performance of their duties and public services shall be resolved by the head of the superior agency or organization directly overseeing the agency or organization concerned.
1. The Chairman of the People's Committee at the commune level has the competence to handle complaints about violations of laws in the performance of public service tasks of civil servants directly managed by him/her.
2. The Chairman of the People's Committee at the district level has the following competences:
a) Handling complaints about violations of laws in the performance of duties and public service tasks of the Chairman, Vice-Chairman of the People's Committee at the commune level, other cadres, civil servants, and officials directly appointed and managed by him/her;
b) Handling complaints about violations of laws in the performance of duties and public service tasks of agencies and organizations directly managed by the People's Committee at the district level.
3. The head of specialized agencies under the People's Committee at the provincial level has the following competences:
a) Handling complaints about violations of laws in the performance of duties and public service tasks of the head, deputy head of units directly subordinate to his/her agency, other civil servants and officials directly appointed and managed by him/her;
b) Handling complaints about violations of laws in the performance of duties and public service tasks of agencies and organizations directly managed by him/her.
4. The Chairman of the People's Committee at the provincial level has the following competences:
a) Handling complaints about violations of laws in the performance of duties and public service tasks of the Chairman, Vice-Chairman of the People's Committee at the district level, the head, deputy head of specialized agencies under the People's Committee at the provincial level, other civil servants and officials directly appointed and managed by him/her;
b) Handling complaints about violations of laws in the performance of duties and public service tasks of agencies and organizations directly managed by the People's Committee at the provincial level.
5. The Director of General Departments, Bureaus, and equivalent bodies under Ministries and ministerial-level agencies with delegated management authority over cadres, civil servants, and officials have the following competences:
a) Handling complaints about violations of laws in the performance of duties and public service tasks of the head, deputy head of units under the General Department, Bureau, and equivalent bodies, other civil servants and officials directly appointed and managed by him/her;
b) Handling complaints about violations of laws in the performance of duties and public service tasks of agencies and organizations directly managed by him/her.
6. The head of agencies under the Government has the following competences:
a) Handling complaints about violations of laws in the performance of duties and public service tasks of the head, deputy head of agencies and organizations under the agency under the Government, other civil servants and officials directly appointed and managed by him/her;
b) Handling complaints about violations of laws in the performance of duties and public service tasks of agencies and organizations directly managed by him/her.
7. The Minister, the head of ministerial-level agencies has the following competences:
a) Handling complaints about violations of laws in the performance of duties and public service tasks of the head, deputy head of units under the Ministry, ministerial-level agencies, other cadres, civil servants, and officials directly appointed and managed by him/her;
b) Handling complaints about violations of laws in the performance of duties and public service tasks of agencies and organizations directly managed by him/her.
8. The Prime Minister has the following competences:
a) Handling complaints about violations of laws in the performance of duties and public service tasks of Ministers, Deputy Ministers, the head, deputy head of ministerial-level agencies, agencies under the Government, the Chairman, Vice-Chairman of the People's Committee at the provincial level, other cadres, civil servants, and officials directly appointed and managed by him/her;
b) Handling complaints about violations of laws in the performance of duties and public service tasks of agencies and organizations directly managed by him/her.
1. The Chief Justice of the People's Court at the district level has the competence to handle complaints about violations of laws in the performance of public service tasks of civil servants directly managed by him/her.
2. The President of the Provincial People's Court has the following competences:
a) Handling complaints about violations of laws in the performance of public service tasks of the Chief Justice, Deputy Chief Justice of the People's Court at the district level, other civil servants directly managed by him/her;
b) Handling complaints about violations of laws in the performance of public service tasks of the People's Court at the district level.
3. The Chief Justice of the People's High Court has the competence to handle complaints about violations of laws in the performance of public service tasks of civil servants directly managed by him/her.
4. The Chief Justice of the Supreme People's Court has the following competences:
a) Handling complaints about violations of laws in the performance of public service tasks of the Chief Justice, Deputy Chief Justice of the People's High Court; the Chief Justice, Deputy Chief Justice of the People's Court at the provincial level; the performance of duties and public service tasks of other civil servants and officials directly managed by him/her;
b) Handling complaints about violations of laws in the performance of duties and public service tasks of agencies and organizations directly managed by him/her, of the People's High Court, People's Court at the provincial level.
Clause 1. The President of the People's Public Prosecutor's Office at the district level has the competence to handle complaints about violations of law in the performance of public service functions by civil servants directly under his/her management.
Clause 2. The President of the People's Public Prosecutor's Office at the provincial level has the following competences:
Point a) To handle complaints about violations of law in the performance of public service functions by the President and Deputy Presidents of the People's Public Prosecutor's Office at the district level, and other civil servants directly under his/her management.
Point b) To handle complaints about violations of law in the performance of public service functions by the People's Public Prosecutor's Office at the district level.
Clause 3. The President of the High People's Public Prosecutor's Office has the competence to handle complaints about violations of law in the performance of public service functions by civil servants directly under his/her management.
Clause 4. The President of the Supreme People's Public Prosecutor's Office has the following competences:
Point a) To handle complaints about violations of law in the performance of public service functions by the President and Deputy Presidents of the High People's Public Prosecutor's Office; the President and Deputy Presidents of the Provincial People's Public Prosecutor's Office; the performance of tasks and public service functions by other civil servants and officials directly under his/her management.
Point b) To handle complaints about violations of law in the performance of tasks and public service functions by agencies and organizations directly under his/her management, by the High People's Public Prosecutor's Office, and by the Provincial People's Public Prosecutor's Office.
Article 16. Competence to handle complaints about violations of law in the performance of tasks and public service functions within the State Audit Office
The General Auditor of the State Audit Office has the competence to handle complaints about violations of law in the performance of tasks and public service functions by civil servants, officials, and units within the State Audit Office.
Article 17. Competence to handle complaints about violations of law in the performance of tasks and public service functions within other state agencies
Clause 1. The Standing Committee of the National Assembly handles complaints about violations of law in the performance of tasks and public service functions by specialized members of the National Assembly; handles complaints about violations of law by other members of the National Assembly when performing their representative duties; handles complaints about violations of law in the performance of tasks and public service functions by the heads and deputy heads of the National Assembly Office and agencies under the Standing Committee of the National Assembly.
Clause 2. The Standing Body of the People's Council has the competence to handle complaints about violations of law in the performance of tasks and public service functions by specialized members of the People's Council; handles complaints about violations of law by other members of the People's Council when performing their representative duties, except for the Chairperson and Deputy Chairpersons of the People's Council at their own level.
The agency authorized to approve the election of the Chairperson and Deputy Chairpersons of the People's Council has the competence to handle complaints about violations of law in the performance of tasks and public service functions by the Chairperson and Deputy Chairpersons of the People's Council.
Clause 3. The head of another state agency has the competence to handle complaints about violations of law in the performance of tasks and public service functions by officials, civil servants, and staff appointed and directly managed by him/her, and by agencies and organizations directly under his/her management.
Complaints about violations of law in the performance of tasks and public service functions by the heads and deputy heads of other state agencies shall be handled by the person authorized to appoint them.
Article 18. Competence to handle complaints about violations of laws in the performance of tasks and duties in public service units
1. The head of a public service unit has the following competences:
a) Handle complaints about violations of laws in the performance of tasks by the head, deputy heads of organizations and units under their direct management, civil servants and officials appointed and directly managed by them;
b) Handle complaints about violations of laws in the performance of tasks by organizations and units under their direct management.
2. The head of the state administrative agency managing public service units has the following competences:
a) Handle complaints about violations of laws in the performance of tasks and duties by the head, deputy heads of public service units, civil servants and officials directly appointed and managed by them;
b) Handle complaints about violations of laws in the performance of tasks and duties by public service units under their direct management.
Article 19. Competence to handle complaints about violations of laws in the performance of tasks by persons holding positions in state-owned enterprises
1. The head of a state-owned enterprise has the following competences:
a) Handle complaints about violations of laws in the performance of tasks by the head, deputy heads of subordinate units or other persons appointed by them;
b) Handle complaints about violations of laws in the performance of tasks by subordinate units under their direct management.
2. The head of the state administrative agency entrusted with the management of state-owned enterprises has the competence to handle complaints about violations of laws in the performance of tasks by the Chairman of the Board of Members, members of the Board of Members, Chairman of the company, supervisors directly appointed and managed by them in state-owned enterprises.
Article 20. Competence to handle complaints about violations of laws in the performance of tasks and duties in political organizations, political-social organizations
The central agencies of political organizations, political-social organizations shall guide the competence to handle complaints about violations of laws in the performance of tasks and duties within their own organization based on the principle of determining competence stipulated in Article 12 of this Law; violations of laws in the performance of tasks and duties by organizations and units under their direct management.
Article 21. Competence to handle complaints about violations of laws by persons assigned to perform tasks and duties who are not civil servants, officials
The head of the agency, organization, or unit directly managing persons assigned to perform tasks and duties who are not civil servants, officials has the competence to handle complaints about violations of laws by those persons in the performance of tasks and duties.
Section 2
FORM OF COMPLAINTS, RECEIPT,
INITIAL HANDLING OF COMPLAINT INFORMATION
Article 22. Form of complaints
Complaints shall be made in writing or presented directly at the competent authority.
Article 23. Receipt of complaints
1. In cases where complaints are made in writing, the complaint letter must clearly indicate the date, month, year of the complaint; the name, address of the complainant, contact information for the complainant; the illegal act being complained about; the person being complained against and other related information. In cases where multiple people jointly file a complaint about the same content, the complaint letter must also clearly indicate the name, address, contact information for each complainant; the name of the representative for the complainants.
The complainant must sign or affix their fingerprint on the complaint letter.
2. In cases where the complainant files a complaint directly at the competent authority, the person receiving the complaint shall guide the complainant to write a complaint letter or record the content of the complaint in writing and request the complainant to sign or affix their fingerprint to confirm the written document, which must clearly indicate the content as prescribed in Clause 1 of this Article. In cases where multiple people jointly file a complaint about the same content, the person receiving the complaint shall guide the complainants to elect a representative to write a complaint letter or record the content of the complaint in writing and request the complainants to sign or affix their fingerprint to confirm the written document.
3. Agencies, organizations, and individuals with the competence to resolve complaints have the responsibility to organize the receipt of complaints. The complainant has the responsibility to file complaints to the correct address for receiving complaints that has been announced by the agencies, organizations, and individuals with the competence to resolve complaints.
Article 24. Initial Handling of Complaint Information
1. Within seven working days from the date of receiving the complaint, the agency, organization, or individual responsible shall record, classify, and initially handle the complaint information, check and verify the information about the complainant and the conditions for accepting the complaint; if it is necessary to inspect and verify at multiple locations or to delegate authority to another agency or organization with the appropriate authority to inspect and verify, this period may be extended but not exceeding ten working days.
If the conditions for acceptance are met, a decision to accept the complaint shall be issued in accordance with Article 29 of this Law; if the conditions for acceptance are not met, the complaint shall not be accepted and the complainant shall be immediately informed of the reasons for non-acceptance.
2. In cases where the complaint does not fall within its jurisdiction, within five working days from the date of receiving the complaint letter, it must be transferred to the agency, organization, or individual with the appropriate authority to resolve the matter and notify the complainant. In cases where the complainant directly lodges a complaint, the agency, organization, or individual receiving the complaint shall guide the complainant to lodge the complaint with the agency, organization, or individual with the appropriate authority to resolve the matter.
3. In cases where the complaint does not fall within its jurisdiction and is simultaneously sent to multiple agencies, organizations, or individuals, including those with the appropriate authority to resolve the matter, or in cases where guidance has been provided but the complainant still sends the complaint to an agency, organization, or individual without the appropriate authority to resolve the matter, the agency, organization, or individual receiving the complaint shall not process it.
Article 25. Receiving and Handling Information Containing Complaint Content
1. When receiving information containing complaint content but the name and address of the complainant are unclear, or upon inspection and verification, the identity of the complainant cannot be determined, or the complainant uses someone else's name to file a complaint, or the information containing complaint content is reflected in a form not stipulated in Article 22 of this Law, the agency, organization, or individual with the appropriate authority shall not process it according to the provisions of this Law.
2. In cases where the information containing complaint content specified in Clause 1 of this Article clearly identifies the person who violated the law, has specific evidence regarding the violation of the law, and there is a basis for investigation and verification, the agency, organization, or individual receiving the information shall conduct inspections and verifications within their authority or transfer it to the agency, organization, or individual with the appropriate authority to conduct inspections and verifications to serve management work.
Article 26. Receiving and Handling Complaints Transferred by News Agencies, Agencies, Organizations, or Individuals with Appropriate Authority
1. When receiving complaints from individuals transferred by news agencies, agencies, organizations, or individuals with appropriate authority, the agency, organization, or individual receiving the complaint shall be responsible for classifying and handling it as follows:
a) In cases where the complaint falls within the jurisdiction and meets the conditions for acceptance, the complaint shall be accepted; in cases where it does not fall within the jurisdiction, it shall be transferred to the agency, organization, or individual with the appropriate authority to resolve the matter;
b) In cases where the complaint does not meet the conditions for acceptance as stipulated in Article 29 of this Law, it shall not be accepted; in cases where the complaint does not meet the conditions for acceptance but contains clear content and information about the person who violated the law, has specific evidence regarding the violation of the law, and there is a basis for investigation and verification, the agency, organization, or individual receiving the complaint shall conduct inspections and verifications within their authority to serve management work.
2. The results of handling the complaint as stipulated in Clause 1 of this Article shall be notified in writing to the news agency, agency, organization, or individual with appropriate authority that transferred the complaint within twenty days from the date of receipt of the complaint.
Article 27. Handling complaints indicating criminal offenses, applying measures to prevent violations
1. During the process of receiving and handling complaints, if there are indications that the complained behavior constitutes a crime, immediately transfer the file and documents to the Investigative Agency or the People's Procuracy with jurisdiction for handling according to the provisions of the law.
2. In cases where the complained behavior causes damage or threatens to cause damage to the interests of the State, rights and legitimate interests of agencies, organizations, lives, health, property, reputation, human dignity, other rights and legitimate interests of individuals, the agency, organization, or individual receiving the complaint must apply necessary measures within their authority or immediately notify the competent police agency or other agencies, organizations, or individuals with authority to promptly prevent the violation.
Section 3
PROCEDURE AND PROCEDURES FOR HANDLING COMPLAINTS
Article 28. Procedure for resolving complaints
1. Accepting complaints.
2. Verifying the content of complaints.
3. Concluding on the content of complaints.
4. Handling the conclusion on the content of complaints by the complaint resolver.
Article 29. Accepting Complaints
1. The complaint resolver issues a decision to accept the complaint when the following conditions are met:
a) The complaint is made in accordance with Article 23 of this Law;
b) The complainant has full civil capacity; in cases where they do not have full civil capacity, they must have a legal representative;
c) The matter falls within the jurisdiction of the agency, organization, or individual receiving the complaint to resolve complaints;
d) The content of the complaint has a basis to identify the violator and the illegal act.
In cases where the complaint arises from a grievance matter that has been resolved correctly according to the jurisdiction, procedure, and procedures prescribed by law but the person making the grievance does not agree and transfers it to a complaint against the person who resolved the grievance, the complaint will only be accepted if the complainant provides information, documents, evidence to determine that the person resolving the grievance has committed an illegal act.
2. The acceptance decision includes the following main contents:
a) Date of issuance of the decision;
b) Basis for issuing the decision;
c) Content of the accepted complaint;
d) Time limit for resolving the complaint.
3. Within five working days from the date of issuing the acceptance decision, the complaint resolver is responsible for notifying the complainant and informing the accused of the content of the complaint.
Article 30. Time Limit for Resolving Complaints
1. The time limit for resolving complaints shall not exceed thirty days from the date of accepting the complaint.
2. For complex cases, the resolution of complaints may be extended once, but not exceeding thirty days.
3. For particularly complex cases, the resolution of complaints may be extended twice, each extension not exceeding thirty days.
4. The complaint resolver decides in writing on the extension of the resolution of complaints and notifies the complainant, the accused, and related agencies, organizations, or individuals.
5. The Government shall provide detailed regulations on this matter.
Article 31. Verifying the Content of Complaints
1. The complaint resolver conducts verification or assigns the same-level inspection agency or another agency, organization, or individual to verify the content of the complaint (collectively referred to as the verifier of the content of the complaint). The assignment for verification of the content of the complaint must be carried out in writing.
2. The document assigning verification of the content of the complaint includes the following main contents:
a) Date of assignment for verification;
b) Person assigned to verify the content of the complaint;
c) Name and address of the accused person; name and headquarters of the accused agency or organization;
d) Content to be verified;
đ) Time frame for conducting verification;
e) Rights and responsibilities of the person assigned to verify the content of the complaint.
3. The verifier of the content of the complaint must take necessary measures to collect information, documents, and clarify the content of the complaint. Collected information and documents must be recorded in writing, and when necessary, a record must be established and kept in the complaint case file.
4. During the verification process, the verifier of the content of the complaint must create conditions for the accused to explain, present evidence to prove the correctness or incorrectness of the content to be verified.
5. The verifier of the content of the complaint is entitled to exercise the rights and obligations stipulated at points a, b, c, d Clause 1 and points a, b, c Clause 2 of Article 11 of this Law as assigned by the complaint resolver.
6. Upon completion of verifying the content of the complaint, the person assigned to verify must submit a written report to the complaint resolver on the results of verifying the content of the complaint and recommend measures for handling.
2. The Chief Inspector General shall have the following responsibilities:
a) Receiving, classifying, and proposing measures to address complaints within their jurisdiction;
b) Verifying the content of complaints, reporting verification results, and recommending measures to handle complaints within the jurisdiction of the Prime Minister when assigned;
c) Reviewing the handling of complaints that have been resolved by Ministers, heads of ministries equivalent to ministries, agencies under the Government, and Chairpersons of provincial People's Committees but show signs of violating laws; if there is evidence indicating that the resolution violated the law, recommending the Prime Minister to review and resolve again.
a) Verifying the content of complaints, reporting verification results, and recommending measures to handle complaints within the jurisdiction of the head of the administrative state agency at the same level when assigned;
b) Reviewing the handling of complaints that have been resolved by the heads of subordinate agencies directly under the administrative state agency at the same level but show signs of violating laws; if there is evidence indicating that the complaint resolution violated the law, recommending the head of the administrative state agency at the same level to review and resolve again.
Article 33. Withdrawal of Complaints
2. In cases where the complainant withdraws part of the content of the complaint, the remaining part will continue to be resolved according to the provisions of this Law; in cases where the complainant withdraws the entire content of the complaint, it shall be implemented according to the provisions of point a, Clause 3, Article 34 of this Law. In cases where multiple people jointly file a complaint and one or some of the complainants withdraw the complaint, the complaint will still be resolved according to the provisions of this Law. A person who has withdrawn the complaint does not enjoy rights and is not required to fulfill obligations stipulated in Article 9 of this Law, except for the cases stipulated in Clause 4 of this Article.
3. In cases where the complainant withdraws the complaint, but the complaint resolver finds that the complained act shows signs of violating laws or there is evidence that the withdrawal of the complaint was due to threats, bribery, or the complainant abused the complaint to defame, insult, or cause damage to the person being complained against, the complaint case must still be resolved.
4. If the complainant withdraws the complaint but there is evidence that the complainant abused the complaint to defame, insult, or cause damage to the person being complained against, they must still bear responsibility for their complaint behavior, and if causing damage, they must compensate according to the provisions of the law.
5. The Government shall provide detailed regulations on this matter.
Article 34. Suspension and Termination of Complaint Resolution
1. The complaint resolver issues a decision to temporarily suspend the resolution of the complaint when there is one of the following grounds:
a) Need to wait for the resolution result from another agency, organization, or individual, or wait for the resolution result of another related case;
b) Need to wait for the supplementary or re-examination results.
2. When the grounds for temporarily suspending the resolution of the complaint no longer exist, the complaint resolver immediately issues a decision to continue resolving the complaint; the time temporarily suspended from resolving the complaint is not counted towards the resolution deadline.
3. The complaint resolver issues a decision to terminate the resolution of the complaint when there is one of the following grounds:
a) The complainant withdraws the entire content of the complaint, except for the cases stipulated in Clause 3 of Article 33 of this Law;
b) The person being complained against is an individual who has died and the content of the complaint only relates to the responsibility of the person being complained against;
c) The case has already been resolved by a court judgment or decision with legal effect, or a decision with legal effect of an agency, organization, or individual with jurisdiction.
4. The decision to temporarily suspend or terminate the resolution of the complaint must clearly state the reasons, the responsibilities of relevant agencies, organizations, or individuals, and send it to the complainant and the person being complained against within five working days from the date of issuance.
Article 35. Conclusion on the Content of the Complaint
1. Based on the content of the complaint, the explanation of the person complained against, the results of verifying the content of the complaint, relevant documents and evidence, the person handling the complaint shall issue a conclusion on the content of the complaint.
2. The conclusion on the content of the complaint must include the following main contents:
a) The results of verifying the content of the complaint;
b) Legal basis for determining whether there is a violation of the law or not;
c) Conclusion on the content of the complaint being correct, partially correct, or incorrect; identifying the responsibility of each agency, organization, and individual related to the content of the complaint;
d) Measures to be taken within the authority; recommending other agencies, organizations, and individuals to apply measures within their authority against agencies, organizations, and individuals who have violated the law;
đ) Recommending the competent authority to consider amending and supplementing policies and laws, applying necessary measures to protect the interests of the State, the rights and legitimate interests of agencies, organizations, and individuals;
3. At the latest five working days from the date of issuing the conclusion on the content of the complaint, the person handling the complaint shall send the conclusion on the content of the complaint to the person complained against, the management agency of the person complained against, and other related agencies, organizations, and individuals; notify the complainant about the conclusion on the content of the complaint.
Article 36. Handling the Conclusion on the Content of the Complaint by the Person Handling the Complaint
1. At the latest seven working days from the date of issuing the conclusion on the content of the complaint, the person handling the complaint shall proceed with handling based on the conclusion on the content of the complaint as follows:
a) In case the conclusion is that the person complained against did not violate the law in performing duties and tasks, restore the rights and legitimate interests of the person complained against which were infringed upon due to an incorrect complaint, and at the same time handle according to the authority or recommend the competent agency, organization, or individual to handle the person intentionally making an incorrect complaint;
b) In case the conclusion is that the person complained against violated the law in performing duties and tasks, apply measures according to the authority or recommend the competent agency, organization, or individual to handle according to the provisions of the law.
2. In case the violation of the person complained against has signs of a crime, immediately transfer the case file to the Investigation Agency or the People's Procuratorate with the appropriate authority for handling according to the provisions of the law.
3. Within five working days from the date of receiving the handling result, the agency, organization, or individual with the authority to handle the recommendation in the conclusion on the content of the complaint under Clause 1 and Clause 2 of this Article shall be responsible for notifying in writing to the person handling the complaint about the handling result.
Article 37. Re-filing a Complaint, Re-handling the Complaint Case
1. In case there is a basis to believe that the handling of the complaint was not in accordance with the provisions of the law, the complainant has the right to re-file a complaint with the head of the superior agency or organization of the person who handled the complaint.
2. Within twenty days from the date of receipt of the re-filed complaint, the head of the superior agency or organization of the person who handled the complaint must review the previous complaint case file; if necessary, directly meet with the complainant regarding the re-filed complaint content, collect information, documents, and evidence related to decide on handling the re-filed complaint. The handling is carried out as follows:
a) In case the previous handling of the complaint was in accordance with the provisions of the law, it will not be rehandled, and at the same time notify in writing and clearly state the reasons to the complainant for not rehandling;
b) In case the previous handling of the complaint was beyond the authority, proceed to handle the complaint within the authority or transfer the complaint to the agency, organization, or individual with the authority to handle the complaint;
c) In case the previous handling of the complaint has one of the bases stipulated in Clause 3 of this Article, the head of the superior agency or organization shall rehandle the complaint case within the time limit, procedure, and handling procedures prescribed in this Chapter.
3. Rehandling the complaint case shall be carried out when there is one of the following bases:
a) The verification results or the conclusion on the content of the complaint are inaccurate or subjective;
b) Missing important information, documents, and evidence during verification or conclusion on the content of the complaint;
c) Applying the law incorrectly during the verification or conclusion on the content of the complaint.
4. The conclusion on the rehandling of the complaint case includes the following main contents:
a) The contents specified in Clause 2 of Article 35 of this Law;
b) Conclusion on the violations in the process of handling the complaint by the head of the subordinate agency or organization;
c) Responsibility of the agency, organization, or individual in the previous handling of the complaint;
d) Handle according to the authority or recommend the competent agency, organization, or individual to handle the agency, organization, or individual who violated the law in the process of handling the complaint.
Article 38. Handling of complaints when the prescribed time limit has not been met
1. In cases where a complaint has not been resolved within the time limit specified in Article 30 of this Law, the complainant has the right to file a further complaint with the head of the higher-level agency or organization responsible for handling the complaint.
2. Within five working days from the date of receiving the further complaint, the head of the higher-level agency or organization shall issue a written request for the person handling the complaint to report on the process of handling the complaint, the reasons for the delay in resolving the complaint, and to determine responsibility for handling the complaint.
3. Within five working days from the date of receiving the written request from the head of the higher-level agency or organization, the person handling the complaint must submit a report as stipulated in Clause 2 of this Article; continue to resolve the complaint according to the requirements of the higher-level agency or organization, and report the results of resolution, except in cases provided for in Clause 5 of this Article.
4. The head of the higher-level agency or organization shall monitor and urge the resolution of the complaint; inform the complainant about the examination and resolution of the complaint; apply measures within their authority or recommend that competent agencies, organizations, or individuals take action against those who fail to resolve the complaint within the prescribed time.
5. In cases where there is evidence indicating serious violations of the law in the resolution of the complaint, or signs of lack of objectivity, the head of the higher-level agency or organization shall handle the complaint case.
The Government shall provide detailed regulations on this matter.
Article 39. Documentation for Resolving Complaint Cases
1. The resolution of complaints must be documented. Based on specific cases, the documentation for resolving complaint cases includes:
a) The complaint letter or document recording the content of the complaint; reports or inspection records verifying personal information of the complainant, minutes of direct meetings with the complainant to verify the content of the complaint;
b) Decision to accept the complaint; document assigning verification of the complaint content;
c) Verification minutes; results of appraisal, information, documents, and evidence collected during the verification process;
d) Explanation document of the accused; minutes of meetings with the accused regarding the explanation;
đ) Report on the results of verifying the complaint content when the person handling the complaint assigns another person to conduct the verification;
e) Decision to temporarily suspend the resolution of the complaint; decision to continue resolving the complaint;
g) Conclusion on the complaint content or decision to suspend the resolution of the complaint;
h) Decision on handling by the person resolving the complaint, document recommending competent agencies, organizations, or individuals to apply measures;
i) Other related documents.
2. For re-examination of complaint cases, the documentation includes the documents specified in Clause 1 of this Article and the following documents:
a) Further complaint letter or document recording the further complaint content; document requesting or recommending re-examination of the complaint case;
b) Conclusion on the re-examination of the complaint case;
c) Decision on handling the re-examined complaint case;
d) Other related documents during the re-examination of the complaint case.
3. Documentation for resolving complaint cases must be numbered sequentially. Storage, retrieval, and use of documentation for resolving complaint cases shall be carried out in accordance with the provisions of the law, ensuring confidentiality of information about the complainant.
Article 40. Publicizing the conclusion on the content of the complaint and the decision to handle the reported violation
1. Within seven working days from the date of issuing the conclusion on the content of the complaint and the decision to handle the reported violation, the person handling the complaint shall be responsible for publicizing the conclusion on the content of the complaint, and the person authorized to impose disciplinary measures or administrative penalties shall be responsible for publicizing the decision to handle the reported violation.
2. The publicizing of the conclusion on the content of the complaint and the decision to handle the reported violation shall be carried out through one or more of the following methods:
a) Announcing at a meeting of the agency or organization where the accused works;
b) Posting at the workplace or the place where citizens are received by the person who has handled the complaint or issued the decision to handle the reported violation;
c) Publishing on the electronic information portal or internal information network of the person who has handled the complaint or issued the decision to handle the reported violation;
d) Notifying through mass media.
3. The publicizing of the conclusion on the content of the complaint and the decision to handle the reported violation must ensure that it does not disclose information about the complainant or contents related to state secrets.
4. The Government shall provide detailed regulations on this matter.
Chapter IV
COMPLAINT HANDLING REGARDING VIOLATIONS OF LAWS
IN THE FIELD OF STATE MANAGEMENT
Article 41. Principles for Determining Jurisdiction
1. Complaints regarding violations of laws by agencies, organizations, or individuals whose content relates to the management functions of a particular agency shall be resolved by that agency.
2. In cases where complaints involve multiple violations of laws within the management functions of several agencies, these agencies shall cooperate within their respective duties and powers to jointly determine the main agency responsible for handling the complaint or report to a higher-level state management agency to decide which agency will take the lead in handling the complaint.
3. Where complaints concern violations of laws within the jurisdiction of multiple agencies, the first agency to accept the complaint shall have the responsibility to resolve it.
Article 42. Procedures and Formalities for Handling Complaints
1. The procedures and formalities for receiving, classifying, verifying, concluding on the content of complaints regarding violations of laws in the field of state management in various areas shall be implemented according to the provisions of Articles 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 33, 34, 35, 36, 37, 38, 39, and 40 of this Law, except for the cases stipulated in Article 43 of this Law.
If the conclusion is that the accused has violated laws in the field of state management in various areas, the handling of such violations must also comply with the provisions of the law on handling administrative violations.
2. If the law on handling administrative violations specifies a different time limit for resolution than that provided for in Article 30 of this Law, the time limit for resolving the complaint shall not exceed the time limit for handling administrative violations as prescribed by the law on handling administrative violations.
Article 43. Procedures and Formalities for Handling Clear and Specific Complaints with Immediate Processing Basis
1. For complaints regarding violations of laws in the field of state management in various areas with clear content, specific evidence, and immediate processing basis, the handling of the complaint shall follow the following procedure:
a) The person authorized to receive and process the complaint information;
b) In cases where the complaint involves a violation of laws in the field under their management, the person handling the complaint shall immediately verify the content of the complaint, apply necessary measures to prevent and stop the violation of laws, and promptly prepare a record of the illegal act; verification and inspection of information about the complainant shall be conducted if deemed necessary by the person handling the complaint for the process of handling the reported violation;
c) The person handling the complaint shall issue a decision to handle the violation of laws within their authority or refer the case to the competent agency for handling according to the law.
2. The file for handling the complaint case shall be combined with the file for handling administrative violations according to the provisions of the law on handling administrative violations.
Chapter V
RESPONSIBILITY FOR IMPLEMENTING THE CONCLUSION ON THE CONTENT OF THE COMPLAINT
Article 44. Responsibilities of the Person Handling the Complaint
1. Based on the conclusion of the complaint's content, depending on the nature and severity of the violation, the person handling the complaint shall handle it as follows:
a) For acts violating the law in performing duties and public service tasks, the person handling the complaint shall handle it within their authority or recommend the competent agency, organization, or individual to impose disciplinary measures, compel the rectification of consequences caused by the violation of the law, and apply other measures as prescribed by law;
b) For acts violating the law in state management in various fields, the person handling the complaint shall handle it within their authority or recommend the competent agency, organization, or individual to impose administrative penalties, and apply other measures as prescribed by law;
c) Handle within their authority or recommend the competent agency, organization, or individual to handle the complainant who intentionally files a false complaint;
d) For acts violating the law with signs of criminal offenses, there shall be a document transferring the file to the Investigation Agency or the People's Procuracy with appropriate authority.
2. The authority, procedures, and methods for imposing disciplinary measures, administrative penalties, and applying other measures shall be carried out in accordance with the laws on civil servants, public officials, and employees, laws on handling administrative violations, and other relevant laws.
Article 45. Responsibilities of the Person Being Complained Against
1. Timely and fully perform all obligations determined in the conclusion of the complaint's content within the specified time limit.
2. In cases where the complaint involves acts violating the law in performing duties and public service tasks, the person being complained against must report and bear responsibility before the person handling the complaint and the law regarding the implementation of the conclusion of the complaint's content.
Article 46. Responsibilities of Agencies, Organizations, and Individuals Related to the Complaint
1. Timely and fully perform all related obligations determined in the conclusion of the complaint's content within the specified time limit.
2. Within their functions, tasks, and powers, cooperate with the person handling the complaint to handle acts violating the law as reported according to the provisions of the law.
3. Bear responsibility under the law for the implementation of the conclusion of the complaint related to their responsibilities.
Chapter VI
PROTECTION OF THE COMPLAINANT
Section 1
GENERAL PROVISIONS
Article 47. Protected Person, Scope of Protection
1. Protecting the complainant means protecting the confidentiality of the complainant's information; protecting the complainant's job position, employment, life, health, property, honor, and dignity, as well as those of the complainant's spouse, parents, adoptive parents, children, and adopted children (collectively referred to as the protected person).
2. The complainant's personal information is protected from disclosure, except when the complainant discloses it themselves.
3. When there is evidence that the job position, employment, life, health, property, honor, and dignity of the persons mentioned in Clause 1 of this Article are being harmed or are at immediate risk of harm, or they are being persecuted or discriminated against due to the complaint, the person handling the complaint or another competent authority may decide on their own initiative or upon the complainant's request to apply necessary protective measures.
Article 48. Rights and Obligations of the Protected Person
1. The protected person has the following rights:
a) To be informed about protective measures;
b) To be explained about their rights and obligations when protective measures are applied;
c) To propose changes, additions, or termination of the application of protective measures;
d) To refuse the application of protective measures;
đ) To be compensated according to the provisions of the law on state liability for compensation in cases where the complainant has requested the complaint resolution authority or another competent authority to apply protective measures but such measures were not applied, or were not applied promptly or in accordance with the law, causing damage to the life, health, property, or dignity of the protected person.
2. The protected person has the following obligations:
a) To strictly comply with the requirements of the competent authority applying protective measures;
b) To keep confidential information regarding the protection;
c) To promptly notify the authority applying protective measures of any issues arising during the period of protection.
Article 49. Competent Authorities Applying Protective Measures
1. The complaint resolution authority has the responsibility to protect the confidentiality of information, job positions, employment of the protected person under its management, and other protective contents within its jurisdiction; if it does not fall within its jurisdiction, it shall request or propose that the competent authorities, organizations, or individuals apply protective measures.
2. The authority receiving and verifying the content of complaints has the responsibility to protect the confidentiality of information of the complainant.
3. The Public Security Authority takes the lead and cooperates with relevant authorities and organizations to implement the protection of the life, health, property, honor, and personality of the protected person.
4. The State Management Authority for cadres, civil servants, public officials, and labor, within the scope of its duties and powers, takes the lead and cooperates with relevant authorities and organizations to implement the protection of job positions and employment of the protected person.
5. At all levels of People's Committees, at all levels of Trade Unions, and other authorities and organizations, within the scope of their duties and powers, have the responsibility to cooperate with the competent authority applying protective measures to implement the protection of the confidentiality of information, job positions, employment, life, health, property, honor, and personality of the protected person.
Section 2
PROCEDURE AND PROCEDURAL REQUIREMENTS FOR PROTECTION
Article 50. Request for Application of Protective Measures
1. When there is a basis as prescribed in Clause 3 of Article 47 of this Law, the complainant shall submit a written request to the complaint resolution authority to apply protective measures.
2. The written request for the application of protective measures must include the following main contents:
a) Date of requesting the application of protective measures;
b) Name and address of the complainant; name and address of the person who needs protection;
c) Reason and content of the request for the application of protective measures;
d) Signature or fingerprint of the complainant.
3. In urgent cases, the complainant may directly request or make a telephone request to the complaint resolution authority to immediately apply protective measures, but the content of the request must subsequently be reflected in writing.
Article 51. Examination and Decision on Protection of the Complainant
1. Upon receipt of a request for the application of protective measures and upon finding that the protection request is based on facts and is credible, or during the process of resolving the complaint, if the complaint resolution authority finds a basis as prescribed in Clause 3 of Article 47 of this Law, the complaint resolution authority shall promptly decide to apply protective measures within its jurisdiction or propose or request the competent authority to apply necessary protective measures.
2. Upon receipt of a request or proposal from the complaint resolution authority, the competent authority shall examine and decide on the application of protective measures.
3. If the complainant's request lacks a basis or is deemed unnecessary to apply protective measures, the competent authority applying protective measures must notify in writing and clearly state the reasons to the complainant or send a notification to the complaint resolution authority to explain the reasons to the complainant.
Article 52. Decision on Application of Protective Measures
1. The competent authority shall issue a decision to apply protective measures.
2. The decision on application of protective measures shall include the following main contents:
a) Date of issuance of the decision;
b) Basis for issuing the decision;
c) Name and address of the person being protected;
d) Content and protective measures; responsibilities of agencies, organizations, and individuals implementing the protective measures;
đ) Time when the protective measures begin to be implemented.
3. The decision on application of protective measures shall be sent to the person being protected, the person handling the complaint, and other relevant agencies, organizations, and individuals.
4. After issuing the decision on application of protective measures, the agencies, organizations, and individuals responsible for implementing the protective measures must immediately organize the implementation of protection; if necessary, they shall coordinate with relevant agencies, organizations, and individuals to implement the protection.
5. The duration of protection shall be calculated from the time the protective measures begin to be implemented until the application of protective measures is terminated according to Clause 2 of Article 54 of this Law.
Article 53. Responsibilities of Agencies, Organizations, and Individuals
1. The agency deciding to apply protective measures shall have the following responsibilities:
a) To take the lead and coordinate with relevant agencies, organizations, and individuals in organizing the implementation of protective measures; to bear responsibility for its decisions;
b) To establish, manage, store, and utilize the file on the application of protective measures in accordance with the provisions of the law;
c) To monitor and resolve arising issues; to report to the competent authority upon request.
2. Relevant agencies, organizations, and individuals in applying protective measures shall have the following responsibilities:
a) To promptly and fully comply with the requirements and requests of the agency deciding to apply protective measures. If unable to comply with such requirements or requests, they must immediately report or notify in writing and specify the reasons to the agency deciding to apply protective measures;
b) To report or notify in writing about the results of the protection work to the agency deciding to apply protective measures.
Article 54. Modification, Supplement, and Termination of Application of Protective Measures
1. The agency that issued the decision on application of protective measures may modify or supplement the application of protective measures if it deems necessary or based on a written proposal from the person being protected.
a) The person handling the complaint has issued a conclusion on the content of the complaint or decided to suspend the handling of the complaint;
b) The agency that decided to apply protective measures decides to terminate the application of protective measures when it considers the basis for applying protective measures no longer exists or based on a written proposal from the person being protected.
3. The decision on modification, supplementation, or termination of the application of protective measures shall be sent to the person being protected, the person handling the complaint, and other relevant agencies, organizations, and individuals.
Article 55. File on Application of Protective Measures
1. Protection of the complainant must be recorded in a file.
2. Depending on the specific case, the file on application of protective measures shall include:
a) The written request for application of protective measures from the complainant; the request or proposal for application of protective measures from the person handling the complaint;
b) Results of verifying information regarding the request for application of protective measures;
c) Decision on application of protective measures;
d) Written request for modification, supplementation, or termination of the application of protective measures;
đ) Decision on modification or supplementation of protective measures;
e) Written request or proposal for relevant agencies, organizations, and individuals to cooperate in applying protective measures;
g) Report on the results of implementing protective measures;
h) Decision on termination of the application of protective measures;
i) Other related documents concerning the application of protective measures.
Section 3
PROTECTIVE MEASURES
Article 56. Measures to protect confidential information
Authorities, organizations, and individuals with jurisdiction when receiving, transferring complaints, and handling complaints shall decide on applying the following measures based on specific circumstances:
1. Keeping the name, address, handwriting, and other personal information of the complainant confidential during the exploitation and use of information and materials provided by the complainant.
2. Removing the name, address, handwriting, and other personal information of the complainant from the complaint letter and accompanying documents for secret management when transferring them to authorities, organizations, or individuals for verification of the complaint content.
3. Arranging time, location, and selecting appropriate working methods to protect the confidentiality of information for the complainant when directly interacting with the accused person, relevant authorities, organizations, or individuals.
4. Applying other measures as prescribed by law.
5. Requesting relevant authorities, organizations, or individuals to apply necessary measures to keep the complainant's information confidential.
Article 57. Measures to protect job positions and employment
1. Measures to protect the job position and employment of the protected individual who is a civil servant, public official, or employee include:
a) Temporarily suspending, partially or fully revoking disciplinary decisions or other decisions that infringe upon the rights and legitimate interests of the protected individual.
b) Restoring the job position, income, and other legitimate benefits from employment for the protected individual.
c) Considering reassigning work for the protected individual if they agree to avoid harassment or discrimination.
d) Handling according to authority or recommending competent authorities to handle actions of retaliation, harassment, or threats against the protected individual's rights and legitimate interests as prescribed by law.
2. Measures to protect employment of the protected individual who is employed under a labor contract include:
a) Requiring the employer to cease violations; restoring the job position, income, and other legitimate benefits from employment for the protected individual.
b) Handling according to authority or recommending competent authorities to handle violations as prescribed by law.
Article 58. Measures to protect life, health, property, reputation, and dignity
1. Transporting the protected individual to a safe place.
2. Deploying personnel, means, and tools to directly ensure the safety of life, health, property, reputation, and dignity of the protected individual at necessary locations.
3. Applying necessary measures to prevent and handle acts of harm or threats to the life, health, property, reputation, and dignity of the protected individual as prescribed by law.
4. Requesting individuals who commit acts of harm or threats to the life, health, property, reputation, and dignity of the protected individual to stop their violations.
5. Other measures as prescribed by law.
Chapter VII
RESPONSIBILITIES OF AGENCIES AND ORGANIZATIONS
IN THE MANAGEMENT OF COMPLAINT HANDLING WORK
Article 59. Responsibilities of state management agencies for complaint handling work
1. The Government uniformly manages state affairs regarding complaint handling nationwide; directly manages complaint handling work of administrative state agencies.
2. The Government Inspectorate is the lead agency assisting the Government in managing state affairs regarding complaint handling within the scope of the Government's authority.
3. Ministries, agencies equivalent to ministries, and people's committees at all levels manage state affairs regarding complaint handling within the scope of their tasks and powers.
Article 60. Responsibilities of People's Courts, People's Procuratorates, State Audit 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, other central state agencies, and agencies of political organizations and socio-political organizations shall manage the work of handling complaints within their respective duties and powers; annually report on the handling of complaints within their management scope to the Government for consolidation and reporting to the National Assembly.
3. Based on this Law, the Supreme People's Court, the Supreme People's Procuracy, the State Audit Office, other state agencies not belonging to the administrative system, and agencies with authority of political organizations and socio-political organizations shall guide the implementation of laws on complaints and the handling of complaints within their agencies and organizations in accordance with the organizational and operational characteristics of their agencies and organizations.
Article 61. Responsibilities for Information and Reporting in Complaint Handling Work
1. Annually, the Government shall report to the National Assembly, the Standing Committee of the National Assembly, the President, and send reports to the Central Committee of the Vietnam Fatherland Front on the handling of complaints.
2. Ministries, ministerial-level agencies, agencies under the Government, and Provincial People's Councils shall report to the Government on the handling of complaints within their management scope according to regular schedules or upon request of the Government.
3. Annually, People's Councils shall report to the People's Councils at the same level, higher-level agencies, and inform the People's Councils of the Vietnam Fatherland Front at the same level on the handling of complaints within their localities and fields under their management scope.
Chapter VIII
REWARD AND VIOLATION HANDLING
Article 62. Awards
A complainant who is honest and actively cooperates with competent agencies, organizations, or individuals in detecting, preventing, and dealing with violations of the law shall be awarded in accordance with the provisions of the law.
Article 63. Handling Violations by Complaint Handlers
If a complaint handler commits acts as prescribed in Article 8 of this Law or violates other legal provisions in handling complaints, they shall be disciplined or criminally prosecuted depending on the nature and severity of the violation; if damage is caused, compensation must be provided in accordance with the law.
Article 64. Handling Violations by Persons Responsible for Implementing Decisions to Address Violations Alleged in Complaints
If persons responsible for implementing decisions to address alleged violations fail to comply, they shall be disciplined, administratively sanctioned, or criminally prosecuted depending on the nature and severity of the violation; if damage is caused, compensation must be provided in accordance with the law.
The head of an agency or organization with authority who fails to take necessary measures to promptly handle a complaint handler violating the provisions of Article 63 of this Law shall be disciplined or criminally prosecuted depending on the nature and severity of the violation in accordance with the law.
Article 65. Handling of Violations by Informants and Other Related Parties
If informants and other related parties commit acts as prescribed in Article 8 of this Law or violate other provisions of laws on informing and handling of informants, they shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation; if damage is caused, compensation must be provided according to the provisions of the law.
Chapter IX
IMPLEMENTING PROVISIONS
Article 66. Effective Date
1. This Law takes effect from January 1, 2019.
2. Law on Informing No. 03/2011/QH13 ceases to be effective from the date this Law comes into force.
3. Informations that have been accepted for handling, are under examination, and have not yet received a conclusion before this Law takes effect shall continue to be resolved according to the provisions of Law on Informing No. 03/2011/QH13.
Article 67. Detailed Provisions
The Government shall provide detailed regulations for Chapter VI of this Law and the articles and clauses assigned in the Law; regulations on informing and handling of informants within the People's Army and the People's Public Security.
This Law was passed by the Fifth Session of the Fourteenth National Assembly of the Socialist Republic of Vietnam on June 12, 2018.
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