Decree No. 31/2019/NĐ-CP detailing certain provisions and measures for implementing the Law on Petitioning

 

DECREE

Detailed provisions on certain articles and measures for implementing the Law on Complaints

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

Pursuant to the Law on Complaints dated June 12, 2018;

At the proposal of the Government Inspectorate;

The Government promulgates this Decree providing detailed provisions on certain articles and measures for implementing the Law on Complaints.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed provisions on:

1. The following chapters, articles, and clauses of the Law on Complaints:

a) Article 30 regarding the time limit for handling complaints;

b) Article 33 regarding withdrawal of complaints;

c) Clause 5 of Article 38 regarding handling complaints in cases where the prescribed time limit has expired without resolution;

d) Article 40 regarding publicizing the conclusion of the complaint content and decisions to handle violations reported in complaints;

đ) Chapter VI on protecting complainants.

2. Measures for organizing the implementation of the Law on Complaints, including:

a) Procedures and formalities for handling complaints;

b) Handling information containing complaint content and receiving, processing complaints transferred by news agencies, organizations, or individuals with authority;

c) Disciplinary actions against civil servants, public officials, and employees who violate regulations.

Article 2. Applicability

This Decree applies to individuals making complaints; organizations, individuals with acts complained about; organizations, individuals with authority to resolve complaints, and other organizations, individuals related to resolving complaints and protecting complainants.

Chapter II

DETAILED PROVISIONS ON CERTAIN ARTICLES OF THE LAW ON COMPLAINTS

Section 1

TIME LIMIT FOR HANDLING COMPLAINTS; WITHDRAWAL OF COMPLAINTS; HEADS OF SUPERIOR ORGANIZATIONS DIRECTLY RESOLVING COMPLAINT CASES WITHIN THE AUTHORITY OF SUBORDINATE ORGANIZATIONS IN CASES WHERE THE PRESCRIBED TIME LIMIT HAS EXPIRED WITHOUT RESOLUTION; PUBLICIZING THE CONCLUSION OF COMPLAINT CONTENT AND DECISIONS TO HANDLE VIOLATIONS REPORTED IN COMPLAINTS

Article 3. Time Limit for Handling Complaints

1. The time limit for handling complaints shall be implemented according to Clause 1 of Article 30 of the Law on Complaints. Extension of the time limit for handling complaints shall apply to complex and particularly complex cases as provided for in Clauses 2 and 3 of Article 30 of the Law on Complaints.

2. A complex case is a case meeting one of the following criteria:

a) A complaint about one content but requires verification from two locations or more;

b) A complaint with two contents or more that require verification;

c) Multiple people complaining about the same content or the complaint content relates to the rights and interests of multiple people;

d) A complaint involving foreign elements: the complainant is outside the country or is a foreigner; the complained act occurred abroad; the complaint content requires verification abroad;

đ) The complaint content relates to the management responsibility of multiple organizations;

e) Organizations involved in the process of handling complaints have differing opinions;

g) There are conflicting documents or evidence requiring time for review, verification, evaluation, or consultation with specialized agencies.

3. A particularly complex case is a case meeting two or more criteria specified in Clause 2 of this Article.

4. The extension of the time limit for handling complaints must be carried out by a decision of the person handling the complaint, which must be sent to relevant organizations, entities, or individuals as stipulated in Clause 4 of Article 30 of the Law on Complaints. The decision to extend the time limit for handling complaints shall be made according to Model No. 01 attached to this Decree.

Article 4. Withdrawal of Complaints

1. The complainant has the right to withdraw part or all of the complaint content before the person handling the complaint issues a conclusion on the complaint content. The withdrawal of a complaint must be done in writing, the withdrawal letter must clearly state the date, month, year; the name, address of the person withdrawing the complaint; the content of the complaint being withdrawn, and must be signed or fingerprinted by the person withdrawing the complaint. In cases where the complainant directly withdraws the complaint at the competent organization, the person receiving it shall record the withdrawal in a protocol, and the person withdrawing the complaint must sign or fingerprint the protocol. The withdrawal letter shall be made according to Model No. 02, and the protocol recording the withdrawal shall be made according to Model No. 03 attached to this Decree.

2. In cases where multiple people file a joint complaint and one or some of them withdraw the complaint, each person withdrawing the complaint shall implement the withdrawal of the complaint according to Clause 1 of this Article. In cases where all complainants withdraw their complaints, the representative shall withdraw the complaint in writing or the person receiving it shall record the withdrawal in a protocol with signatures or fingerprints confirming the withdrawal of the complainants or the representative.

3. In cases where the complainant withdraws the complaint, if the person handling the complaint finds that the complained act has signs of violation of the law or there is evidence to determine that the withdrawal of the complaint was due to threats, bribery, or the complainant abused the complaint to slander, insult, or cause damage to the person complained about, then the complaint case still must be resolved according to Clause 3 of Article 33 of the Law on Complaints. The person handling the complaint shall apply measures within their authority or propose that competent organizations, entities, or individuals apply measures to protect the complainant according to the law; and handle persons threatening, bribing the complainant or persons abusing the complaint to slander, insult, or cause damage to the person complained about according to the law.

Article 5. The head of the agency or organization directly above shall resolve the complaint case within the jurisdiction of the subordinate agency or organization if it has not been resolved beyond the prescribed time limit.

1. When there is evidence to determine that the resolution of the complaint by the subordinate agency or organization seriously violates the law, the head of the directly superior agency or organization must resolve the complaint in the following cases:

a) There is a violation in the procedure or process of resolving the complaint leading to an inaccurate or subjective conclusion on the complaint or distorting the case file.

b) There is one of the grounds stipulated in Clause 3, Article 37 of the Law on Complaints.

2. When there are signs indicating a lack of objectivity in the resolution of the complaint by the subordinate agency or organization, the head of the directly superior agency or organization must resolve the complaint in the following cases:

a) The person complained against is the spouse, father, mother, adoptive father, adoptive mother, father or mother from the wife's or husband's side, biological child, adopted child, son-in-law, daughter-in-law, brother, sister, or younger brother of the person assigned the task of verifying the content of the complaint, or the person resolving the complaint.

b) The content of the complaint is directly related to the spouse, father, mother, adoptive father, adoptive mother, father or mother from the wife's or husband's side, biological child, adopted child, son-in-law, daughter-in-law, brother, sister, or younger brother of the person assigned the task of verifying the content of the complaint, or the person resolving the complaint.

c) The person assigned the task of verifying the content of the complaint, or the person resolving the complaint has a direct interest with the person complained against.

3. The head of the directly superior agency or organization taking over the complaint case for resolution according to Clause 1 and Clause 2 of this Article must issue a written request for the subordinate agency or organization to terminate its resolution and transfer the case file to the superior agency or organization.

Upon receiving the case file, the head of the superior agency issues a decision to accept the complaint and notifies in writing the complainant, the person complained against, the head of the directly subordinate agency or organization resolving the case, and other relevant agencies, organizations, or individuals.

The time limit for resolving the complaint starts from the date of issuing the decision to accept the complaint.

Article 6. Publicizing the conclusion of the complaint content and the decision on handling the violated act reported in the complaint.

1. The conclusion of the complaint content and the decision on handling the violated act reported in the complaint must be publicized, except for contents classified as state secrets and information about the complainant.

2. Based on the actual situation, the nature of the case, and the requirements for resolving the complaint, the person resolving the complaint, or the person authorized to impose disciplinary action or administrative penalties decides to publicize the conclusion of the complaint content and the decision on handling the violated act reported in the complaint according to Clause 2, Article 40 of the Law on Complaints through one or more of the following methods:

a) Announcing at a meeting held at the agency or organization where the person complained against works, or at the agency or organization of the person resolving the complaint, or at the agency or organization of the person assigned to verify the content of the complaint, with participants including the person resolving the complaint, the person verifying the content of the complaint, the person complained against, the head of the agency or organization where the person complained against works, and other relevant agencies, organizations, or individuals.

b) Posting at the workplace or public reception area of the person who resolved the complaint or issued the decision on handling the violated act reported in the complaint. The posting period must be at least 15 consecutive days.

c) Publishing on the electronic portal or internal network of the agency that resolved the complaint or the agency that issued the decision on handling the violated act reported in the complaint. The publication period on the electronic portal or internal network of the complaint resolution agency must be at least 15 consecutive days.

d) Announcing through mass media (including print, radio, television, and online news), and on the electronic portal. Announcements in print, radio, and television must be made at least twice consecutively; announcements on online news and electronic portals must be made for at least 15 consecutive days.

Section 2

 PROTECTION OF THE COMPLAINANT

Article 7. Responsibilities of the person handling complaints upon receiving documents requesting the application of protective measures

1. Upon receiving a document requesting the application of protective measures (referred to as the protection request) from the complainant, the person handling the complaint shall be responsible for examining and evaluating the basis and authenticity of the protection request and deciding to apply protective measures according to the authority prescribed in Article 52 of the Law on Complaints. In cases not within their authority, they shall propose or request the competent authority to apply protective measures.

2. In urgent situations, the person handling the complaint shall propose or request the competent authority to immediately apply protective measures, then send the document to the competent authority applying protective measures.

Article 8. Responsibilities of the agency requested or required to apply protective measures

Upon receiving the proposal or request from the person handling the complaint, the competent authority shall examine and decide to apply protective measures according to the provisions of Article 52 of the Law on Complaints based on their functions and tasks, and notify in writing the person handling the complaint and the person being protected.

Chapter III

ORGANIZATIONAL MEASURES FOR IMPLEMENTING THE LAW ON COMPLAINTS

Section 1

PROCEDURE AND PROCEDURES FOR HANDLING COMPLAINTS

Article 9. Accepting complaints, notifying the acceptance of complaints report

1. Before accepting a complaint, the person handling the complaint shall themselves or entrust the state inspection agency at the same level or other agencies, organizations, or individuals to verify information about the complainant and the conditions for accepting the complaint. If the complainant does not reside within the management area or encounters difficulties in verification, the person handling the complaint may authorize a state agency at the same level or a lower-level state agency to verify necessary information to serve the decision to accept the complaint. The acceptance of complaints shall be carried out according to the provisions of Article 29 of the Law on Complaints. The decision to accept complaints shall be implemented according to Model No. 04 attached to this Decree.

2. Within five working days from the date of issuing the decision to accept the complaint, the person handling the complaint shall be responsible for notifying the complainant and informing the person complained against of the content of the complaint. The notification of the acceptance of complaints shall be carried out according to Model No. 05, and the notification of the content of the complaint to the person complained against shall be carried out according to Model No. 06 attached to this Decree.

Article 10. Verifying the content of complaints

1. The person handling the complaint shall conduct verification themselves or establish a Verification Team or a Verification Group (hereinafter referred to collectively as the Verification Team). If establishing a Verification Team, it must consist of two or more people, with one person designated as the Team Leader. The decision to establish a Verification Team shall be implemented according to Model No. 07 attached to this Decree.

2. If the person handling the complaint entrusts the state inspection agency at the same level or other agencies, organizations, or individuals to verify the content of the complaint, the document assigning verification of the content of the complaint shall be implemented according to Clause 2, Article 31 of the Law on Complaints. The head of the state inspection agency or the agency, organization, or individual entrusted with the task of verifying the content of the complaint shall be responsible for establishing a Verification Team according to the provisions of Clause 1 of this Article.

3. The person handling the complaint or the head of the state inspection agency or the agency, organization, or individual entrusted with the task of verifying the content of the complaint shall not assign the task of being the Team Leader or member of the Verification Team to those who have spouses, biological parents, adoptive parents, parents-in-law, children, adopted children, sons-in-law, daughters-in-law, full brothers, full sisters, or full brothers or full sisters who are the persons complained against or have direct interests related to the person complained against.

The Team Leader and members of the Verification Team shall report to the person assigning the verification task if they fall under the circumstances stipulated in Clause 2, Article 5 of this Decree.

Article 11. Direct interaction with the complainant

1. The complaint resolution authority, the Verification Team shall directly interact with the complainant; request the complainant to provide information, documents, evidence that they have obtained to clarify the content of the complaint.

The complainant has the responsibility to truthfully present the content of the complaint, cooperate, and provide information, documents related to the content of the complaint that they have obtained.

2. The content of the direct interaction with the complainant must be recorded in a minutes document, signed by the complainant and the person in charge of the interaction with the complainant. The minutes document must be prepared in at least two copies, one copy handed over to the complainant (if the complainant requests) and one copy retained in the complaint resolution file. In case the complainant does not sign the minutes document, the person in charge of the interaction with the complainant and other members of the Verification Team shall sign the minutes document and clearly note the fact that the complainant did not sign. The minutes document shall be carried out according to Model No. 08 attached as Appendix to this Decree.

3. In cases where direct interaction with the complainant cannot be conducted due to objective reasons, the complaint resolution authority, the person issuing the decision to establish the Verification Team, or the Head of the Verification Team shall issue a written request for the complainant to provide information, documents, evidence to clarify the content of the complaint.

Article 12. Direct interaction with the accused

1. The complaint resolution authority, the Verification Team must directly interact with the accused; request the accused to explain in writing about the contents being complained about, provide information, documents, evidence related to the content being complained about, and the explanation content.

2. The content of the direct interaction with the accused must be recorded in a minutes document according to Model No. 08 attached as Appendix to this Decree. The minutes document must be signed by the accused and the person in charge of the interaction with the accused and must be prepared in at least two copies, one copy handed over to the accused (if the accused requests) and one copy retained in the complaint resolution file.

3. In cases where the information, documents, evidence provided by the accused are incomplete, and the explanation of the accused is unclear, the complaint resolution authority, the Verification Team shall request the accused to continue providing information, documents, evidence, and explanations on issues that remain unclear.

Article 13. Requesting agencies, organizations, units, individuals to provide information, documents, evidence related to the content of the complaint

1. The complaint resolution authority or the person issuing the decision to establish the Verification Team or the Verification Team shall request agencies, organizations, units, individuals to provide information, documents, evidence related to clarifying the content of the complaint.

2. If necessary, the Verification Team shall directly interact with agencies, organizations, units, individuals to collect information, documents, evidence related to the content of the complaint. The content of the interaction must be recorded in a minutes document according to Model No. 08 attached as Appendix to this Decree. The minutes document must be signed by the representative of the Verification Team and the representative of the agency, organization, unit, individual providing information, documents, evidence and must be prepared in at least two copies, one copy handed over to the agency, organization, unit, individual providing information, documents, evidence and one copy retained in the complaint resolution file.

3. Agencies, organizations, individuals having information, documents, evidence related to the content of the complaint must promptly and fully provide them according to the request of the complaint resolution authority, the person issuing the decision to establish the Verification Team, or the Verification Team.

Article 14. Verification of Actual Facts

1. Based on the circumstances of the case or the instructions of the person issuing the decision to establish the Verification Team, the Verification Team conducts verification at necessary locations to collect, examine, and determine the accuracy and legality of information, documents, and evidence related to the content of the complaint.

2. The verification of actual facts must be recorded in a protocol detailing the results of the verification, opinions of those participating in the verification, and other relevant persons. The protocol according to Model No. 08 attached hereto must have signatures of the verifiers, relevant persons, and must be kept in the file for handling the complaint.

Article 15. Requesting Appraisal

1. When it is deemed necessary to have an evaluation regarding the content related to expertise and technical matters as the basis for concluding the content of the complaint and handling the reported violations, the person handling the complaint decides to request an appraisal.

2. The request for an appraisal is made in writing, specifying the name of the appraisal agency or organization; the content of the appraisal request; and the deadline for submitting the appraisal conclusion. The written request for an appraisal is sent to the person handling the complaint, the complainant, and the relevant agencies, organizations, and individuals. The written request for an appraisal is carried out according to Model No. 09 attached hereto.

In cases where the State Inspectorate is assigned to verify the content of the complaint, the person handling the complaint may authorize the State Inspectorate to decide on requesting an appraisal.

3. The appraisal agency or organization must bear responsibility under the law for the accuracy, objectivity, and timeliness of the appraisal results.

4. The time taken for the appraisal does not count towards the deadline for handling the complaint.

Article 16. Reporting the Results of Verifying the Content of the Complaint report

1. The head of the Verification Team must report in writing about the results of verifying the content of the complaint to the person issuing the decision to establish the Verification Team. The reporting document must be discussed and contributions made by members of the Verification Team.

2. The Verification Team's report on the results of verifying the content of the complaint must include the following main contents:

a) Summary of the content of the complaint;

b) Results of verifying each content of the complaint;

c) Explanation content of the person being complained against (if any);

d) Proposal to evaluate whether the content of the complaint is correct, partially correct, or incorrect; determination of the responsibility of each agency, organization, and individual related to the content of the complaint;

e) Recommendations for handling the agency, organization, or individual with violation behavior; necessary measures to protect the interests of the State, rights, and legitimate interests of agencies, organizations, and individuals.

The Verification Team's report on the results of verifying the content of the complaint is carried out according to Model No. 10 attached hereto.

3. During the verification process, if criminal acts are discovered, the head of the Verification Team must immediately report to the person issuing the decision to establish the Verification Team. The person issuing the decision to establish the Verification Team must promptly report to the person handling the complaint for consideration and handling in accordance with the law.

4. The head of the agency or organization entrusted with the task of verifying the content of the complaint must report to the person handling the complaint about the results of verifying the content of the complaint. The report on the results of verifying the content of the complaint is carried out according to Model No. 11 attached hereto.

5. In cases where verification is conducted to re-examine the complaint, in addition to the contents prescribed in Clause 2 of this Article, in the Verification Team's report, the report of the agency, organization, or individual entrusted with the task of verification must also clearly state the violations of the law, mistakes, or inconsistencies in the previous handling of the complaint (if any), and recommendations for handling the agency, organization, unit, or individual who violated the law during the previous handling of the complaint (if any).

6. The agency, organization, or individual entrusted with the task of verification must bear responsibility under the law and before the person assigning the verification task for the accuracy and objectivity of the report on the results of verifying the content of the complaint.

Article 17. Conclusion of the Content of the Complaint

1. The conclusion of the content of the complaint shall be carried out in accordance with Article 35 of the Law on Complaints and Model No. 12 attached to this Decree.

2. In cases where the complaint case is reconsidered, in addition to the contents prescribed in Clause 1 of this Article, the person handling the complaint must conclude on the violations of laws, mistakes, or inconsistencies in the previous handling of the complaint (if any); handle according to their authority or direct, recommend the competent agencies, organizations, units, or individuals to handle the violations of laws committed by agencies, organizations, units, or individuals during the previous handling of the complaint.

Article 18. Handling the Conclusion of the Content of the Complaint

1. The handling of the conclusion of the content of the complaint shall be carried out in accordance with Article 36 of the Law on Complaints. The person handling the complaint shall base on the nature and degree of violation to handle according to their authority or recommend the competent agencies, organizations, or individuals to handle the violations committed by agencies, organizations, or individuals, and rectify the consequences.

2. The person handling the complaint has the responsibility to monitor, urge, or entrust the State Inspectorate at the same level to monitor and urge the implementation of the conclusion of the content of the complaint.

In cases where the State Inspectorate at the same level is entrusted to monitor and urge the implementation of the conclusion of the content of the complaint, the State Inspectorate must report periodically every month to the person handling the complaint about the results of monitoring and urging the implementation of the conclusion of the content of the complaint.

Article 19. Procedure and Formalities for Handling Complaints Regarding Violations of Laws in the Performance of Duties and Public Services with Clear Contents and Specific Evidence, and Immediate Basis for Handling

For complaints with clear contents, specific evidence, and immediate basis for handling, the person handling the complaint shall accept the complaint; conduct verification themselves; conclude the content of the complaint; handle according to their authority or recommend the competent agencies, organizations, or individuals to handle the violations of laws committed by agencies, organizations, or individuals reported in the complaint.

Section 2

HANDLING INFORMATION WITH COMPLAINT CONTENTS AND COMPLAINTS TRANSFERRED BY THE MEDIA, COMPETENT AGENCIES, ORGANIZATIONS, AND INDIVIDUALS

Article 20. Handling Information with Complaint Contents and Complaints Transferred by the Media, Competent Agencies, Organizations, and Individuals competent authority to transfer to the press agency, organization, individual with the power to report on

1. Upon receiving information with complaint contents as stipulated in Clause 2, Article 25 of the Law on Complaints or complaints that do not meet the conditions for acceptance transferred by the media, competent agencies, organizations, or individuals as stipulated in Point b, Clause 1, Article 26 of the Law on Complaints, the agency, organization, or individual receiving such information must classify and assess the nature and severity of the case; if it falls within their authority and responsibility, they shall decide to conduct inspections or investigations; if it does not fall within their authority and responsibility, they must transfer the information to the competent agency, organization, or individual to examine and decide on inspections or investigations.

2. The procedures and formalities for conducting inspections or investigations and the public disclosure of inspection or investigation results shall be carried out in accordance with the laws on inspections and investigations and other relevant laws.

3. The competent agency, organization, or individual receiving the information has the responsibility to notify the results of handling the complaint to the media, agency, organization, or individual that transferred the information, informing them of the results of handling the complaint.

Section 3

DISCIPLINARY ACTION AGAINST OFFICIALS, CIVIL SERVANTS, AND CIVILIAN STAFF WHO COMMIT VIOLATIONS

Article 21. Principles for disciplinary handling of civil servants, public officials, and employees who violate laws on complaints and denunciations. civil servant who has committed a violation of the law for reporting

1. The person authorized to resolve complaints, the complainant who is a civil servant, public official, or employee, if they commit acts violating the law on complaints and denunciations, shall be subject to disciplinary action according to the provisions of the law and Article 22, Article 23 of this Decree, or criminal responsibility may be pursued depending on the nature and severity of the violation. If damage is caused, compensation must be provided in accordance with the law on state compensation liability.

2. The principles, authority, procedures, and formalities for disciplinary handling, as well as other related provisions, shall be implemented in accordance with the law on disciplinary handling of civil servants, public officials, and employees.

Article 22. Disciplinary handling of persons authorized to resolve complaints. reporting

1. The form of reprimand shall be applied to persons authorized to resolve complaints when they commit one of the following acts violating the law:

a) Exploiting their position and power in resolving complaints to carry out illegal actions;

b) Failing to perform or performing inadequately their duty to protect the complainant, leading to retaliation or harassment against the complainant.

2. The form of warning shall be applied to persons authorized to resolve complaints when they commit one of the following acts violating the law:

a) Revealing the name, address, handwriting, and other information that could disclose the identity of the complainant;

b) Intentionally not accepting the complaint, not issuing a conclusion on the content of the complaint, not deciding to handle the complaint within their authority, or not recommending the competent authority to handle the complaint.

3. The form of removal from office shall be applied to persons authorized to resolve complaints when they commit one of the following acts violating the law:

a) Intentionally failing to resolve or intentionally resolving complaints illegally, causing social instability, security, and public order issues;

b) Intentionally ignoring evidence, omitting information, documents, destroying or distorting case files; covering up for the accused, causing social instability, security, and public order issues;

c) Failing to apply protective measures within their authority, resulting in the complainant being retaliated against or harassed, leading to injuries or health damage with a disability rate of 61% or higher, or death.

Article 23. Disciplinary handling of civil servants, public officials, and employees who file complaints. civil servant

Civil servants, public officials, and employees who know that the complaint is not true but still file multiple complaints, or who know that the matter has been resolved correctly according to policy and law by the competent authority but still file multiple complaints without evidence to prove the content of the complaint; forcing, enticing, inciting, deceiving, or bribing others to file false complaints; using another person's name to file complaints causing internal discord or affecting the reputation and normal operations of the agency or organization shall be subject to disciplinary action or criminal responsibility depending on the nature and severity of the violation.

Chapter IV

IMPLEMENTING PROVISIONS

Article 24. Effective Date

1. This Decree takes effect from May 28, 2019.

2. Decree No. 76/2012/NĐ-CP dated October 3, 2012 of the Government detailing certain provisions of the Law on Complaints becomes invalid from the date this Decree takes effect.

Article 25. Responsibilities for Implementation

Ministers, heads of ministerial-level agencies, heads of government agencies, Chairpersons of provincial People's Committees under central cities, and relevant agencies, organizations, and individuals are responsible for implementing this Decree./.

                                                                                                                                                   PRIME MINISTER
                                                                                                                                                    PRIME MINISTER
                                                                                                                                                     (Signed)


                                                                                                                                                      Nguyễn Xuân Phúc

ANNEX

(Attached to Decree No. 31/2019/NĐ-CP dated April 10, 2019 of the Government)

Model No. 01 Decision on Extending the Resolution of Complaints Model No. 02 Withdrawal of Complaint Form Model No. 03 Record of Complaint Withdrawal Model No. 04 Acceptance Decision of Complaint Model No. 05 Notification of Acceptance of Complaint Model No. 06 Notification of Content of Complaint Model No. 07 Decision to Establish a Verification Team (Group) for Complaint Content Model No. 08 Minutes Model No. 09 Request for Expert Appraisal Model No. 10 Report on Verification Results of Complaint Content by the Verification Team (Group) Model No. 11 Report on Verification Results of Complaint Content by the Agency Assigned to Verify Complaint Content Model No. 12 Conclusion on Complaint Content

 

Form No. 01

NAME OF THE AUTHORITY OR ORGANIZATION IN CHARGE (1)NAME OF THE AUTHORITY OR ORGANIZATION (2)SOCIALIST REPUBLIC OF VIETNAMIndependence - Freedom - HappinessNo.: …../QĐ-...(3)...(4), dated … month … year …

 

Pursuant to …;

Extension of Complaint Resolution

..………………..(5)…………………

Pursuant to Article 30 of the Law on Complaints dated June 12, 2018;

Pursuant to Article 3 of Decree No.../2019/NĐ-CP dated ... month ... year 2019 of the Government detailing certain provisions and organizational measures to implement the Law on Complaints;

Pursuant to…(6)…;

Considering the proposal of…(7)…;

DECISION:

Article 1. Extend the handling of the complaint case against...the complaint case has been accepted pursuant to Decision... (8)...

The extension period is...days, starting from... (9)...

Article 2... (10)... shall be responsible for implementing this Decision./.

 

Place of receipt:- As per Article 2;-...;- File: VT, file archive.POSITION OF SIGNATORY (Signature, stamp)Name

Note:

(1) Name of direct supervising authority (if any).

(2) Name of the agency or organization issuing the decision.

(3) Abbreviation of the name of the agency or organization issuing the decision.

(4) Place name.

(5) Position of the person issuing the decision.

(6) Legal document stipulating the functions, tasks, powers of the agency or organization issuing the decision.

(7) Person requesting the extension.

(8) Number, date, month, year of issuance and the person issuing the acceptance decision.

(9) Date of expiration of the complaint resolution period according to the acceptance decision.

(10) Name of the agency, organization, unit, individual responsible for implementing this Decision.

 

Form No. 02

SOCIALIST REPUBLIC OF VIET NAMIndependence - Freedom - Happiness

...(1)..., day... month...year...

COMPLAINT WITHDRAWAL FORM

To: …(2)…

My name is: ...(3) ...

Address: …

I request ...(2)...to allow me to withdraw the content of the complaint ...(4)

 

 COMPLAINT WITHDRAWER (3)(Signature or thumbprint)Name

Note:

(1) Location.

(2) Position, title of the person handling the complaint.

(3) Name of the person submitting the complaint withdrawal form. In cases where multiple people have filed complaints, the signature (or thumbprint) of the representative or the complainants should be included.

(4) Clearly state each content of the complaint being withdrawn or withdrawing the entire content of the complaint in the complaint form dated...month...year…

 

Implementation Report of Production Projects of Supporting Industry Products Confirmed with Incentives

NAME OF THE MANAGING AGENCY, ORGANIZATION (1)NAME OF THE AGENCY, ORGANIZATION (2)SOCIALIST REPUBLIC OF VIET NAMIndependence - Freedom - Happiness ....(3)....., day... month...year...

RECORD

Record of complaint withdrawal

At... hours... day... month...year..., at ...(3)

I am ...(4) have directly worked with ...(5) regarding the request to withdraw the complaint content. Mr./Ms. ...(5) requests ...(6)...to withdraw ...(7)...

The meeting ended at... hours... minutes on the same day (or on day.../.../...)

This record has been read to the complaint withdrawer and confirmed below.

This record is made in... copies and handed over to ...(5) one copy./.

 COMPLAINT WITHDRAWER (5)(Signature or thumbprint)NameRECORD TAKER (4)(Signature)Name

Note:

(1) Name of direct supervising authority (if any).

(2) Name of the agency, organization recording the work record.

(3) Location.

(4) Name, position, function, agency, organization of the person recording the complaint withdrawal.

(5) Name of the complaint withdrawer or representative.

(6) Position, title of the person handling the complaint.

(7) Clearly state each content of the complaint being withdrawn or withdrawing the entire content of the complaint in the complaint form dated...month...year…

 

Form number 04

NAME OF THE AUTHORITY OR ORGANIZATION IN CHARGE (1)NAME OF THE AUTHORITY OR ORGANIZATION (2)SOCIALIST REPUBLIC OF VIETNAMIndependence - Freedom - HappinessNo.: …../QĐ-...(3)...(4), dated … month … year …

 

Pursuant to …;

Acceptance of Complaint

………………….(5)………………….

Pursuant to Article 29 of the Law on Complaints dated June 12, 2018;

Pursuant to Article 9 of Decree No.../2019/NĐ-CP dated... month...year 2019 of the Government detailing certain provisions and measures for the implementation of the Law on Complaints;

Pursuant to ...(6)...

Considering the proposal of ...(7)...

DECISION:

Article 1. Acceptance of complaint against: ...(8) day...month...year...

Content of the accepted complaint: ...(9)...

The deadline for resolving the complaint is...

Article 2. The following persons (10)...and related agencies, organizations, units, individuals shall be responsible for implementing this Decision./.

 

Place of receipt:- As per Article 2;-...;- File: VT, file archive.POSITION OF SIGNATORY (Signature, stamp)Name

Note:

(1) Name of direct supervising authority (if any).

(2) Name of the agency or organization issuing the decision.

(3) Abbreviation of the name of the agency or organization issuing the decision.

(4) Place name.

(5) Position of the person issuing the decision.

(6) Legal document stipulating the functions, tasks, powers of the agency or organization issuing the decision.

(7) Person proposing the acceptance.

(8) Person complained against.

(9) Contents of the accepted complaint.

(10) Name of the agency, organization, unit complained against; name, position, title, address of the individual complained against.

 

Form number 05

NAME OF THE MANAGING AGENCY, ORGANIZATION (1)NAME OF THE AGENCY, ORGANIZATION (2)SOCIALIST REPUBLIC OF VIET NAMIndependence - Freedom - HappinessNo.: …../TB-...(3)…(4)…, day… month… year…

 NOTICE

Regarding the acceptance of the complaint

...(5)...has received the complaint letter of ...(6) dated... month...year..., complaining about the violation of laws by ...(7)...

According to the law, ...(8)...

Therefore, notify ...(6) to know and fulfill the rights and obligations of the complainant as prescribed by law./.

 Place of receipt:- ...(6);-...;- File: VT.POSITION OF SIGNATORY (Signature, stamp)Name

Note:

(1) Name of direct supervising authority (if any).

(2) Name of the agency, organization issuing the notice.

(3) Abbreviation of the name of the agency, organization issuing the notice.

(4) Place name.

(5) Name of the agency, organization issuing the notice.

(6) Name of the complainant or representative.

(7) Name of the agency, organization complained against, name, position, title, address of the individual complained against.

(8) Person with authority to handle complaints, accept or not accept complaints. If accepting the complaint, clearly state the content accepted and the deadline for resolving the complaint. If not accepting the complaint, clearly state the reason for non-acceptance. If transferred by an agency, organization, or individual with authority, it must be noted that the complaint was transferred by an agency, organization, or individual with authority.

 

Form number 06

NAME OF THE MANAGING AGENCY, ORGANIZATION (1)NAME OF THE AGENCY, ORGANIZATION (2)SOCIALIST REPUBLIC OF VIET NAMIndependence - Freedom - HappinessNo.: …../TB-...(3)…(4)…, day… month… year…

 

NOTICE

Regarding the content of the complaint

...(5)...has received the complaint letter about the violation of laws by ...(6)...

According to the law, ...(7)...

Therefore, notify ...(6) to know and fulfill the rights and obligations of the accused as prescribed by law./.

 

Place of receipt:- ...(6);-...;- File: VT.POSITION OF SIGNATORY (Signature, stamp)Name

Note:

(1) Name of direct supervising authority (if any).

(2) Name of the agency, organization issuing the notice.

(3) Abbreviation of the name of the agency, organization issuing the notice.

(4) Place name.

(5) Name of the agency, organization issuing the notice.

(6) Name of the accused.

(7) Person with authority to handle complaints who has accepted the complaint (clearly stating the content accepted and the deadline for resolving the complaint).

 

Form No. 07

NAME OF THE MANAGING AGENCY, ORGANIZATION (1)NAME OF THE AGENCY, ORGANIZATION (2)SOCIALIST REPUBLIC OF VIET NAMIndependence - Freedom - HappinessNo.: ……/QĐ-...(3)…(4)…, day… month… year…

 

Pursuant to …;

Establishing the Verification Team (Group) for the Content of the Complaint

…………..(5)…………

Pursuant to the Law on Complaints dated June 12, 2018;

Pursuant to Decree No.../2019/NĐ-CP dated... month...year 2019 of the Government detailing certain provisions and measures for the implementation of the Law on Complaints;

Pursuant to ...(6)...

Pursuant to ...(7)...

Considering the proposal of ...(8)...,

DECISION:

Article 1. Establish the Inspection Team (Group) to verify the complaint contents, including: ...

1. Mr./Ms. ... position ... - Head of the Team (Group Leader);

2. Mr./Ms. ... position ... - Member;

………………………………………………………………………………………

Article 2. The Inspection Team (Group) has the duty to check and verify the complaint contents.

……………………………………………….(9)…………………………………….

The verification period is ... days, starting from the date this Decision is signed.

The Inspection Team (Group) shall perform the rights, obligations, and responsibilities stipulated in Points a, b, c, d Clause 1 and Points a, b, c Clause 2 of Article 11 of the Law on Complaints.

Article 3. Mr./Ms. ...(10), ...(11), relevant agencies, organizations, units, individuals, and those named in Article 1 are responsible for implementing this Decision./.

 

Place of receipt: As per Article 3; ...; File: VT, dossier.SIGNATORY POSITION(Signature, seal)Name

Note:

(1) Name of direct supervising authority (if any).

(2) Name of the agency or organization issuing the decision.

(3) Abbreviation of the name of the agency or organization issuing the decision.

(4) Place name.

(5) Position of the person issuing the decision.

(6) Legal document stipulating the functions, tasks, powers of the agency or organization issuing the decision.

(7) Document assigning the task of verifying the complaint contents.

(8) Person requesting the establishment of the Inspection Team (Group) to verify the complaint contents.

(9) Contents of complaints assigned for verification.

(10) Head of the agency, organization responsible for implementing the verification decision.

(11) Name of the agency, organization complained against; name, position, title of the individual complained against.

 

Form No. 08

NAME OF THE AGENCY, ORGANIZATIONMANAGING AUTHORITY (1)INSPECTION TEAM (GROUP) TO VERIFYTHE COMPLAINT CONTENTS SOCIALIST REPUBLIC OF VIETNAMIndependence - Freedom - Happiness …(2)…, day … month … year …

RECORD

…………..(3)………….

At ... hours ... on ... day ... month ... year ..., at ...

The complaint inspection team (group) was established pursuant to Decision No. .../QĐ... dated .../.../... of ..., comprising:

1. Mr./Ms. ... position ...

2. Mr./Ms. ... position ...

Proceeding to work with: …(4) …

Content of work: …(5) …

The meeting ended at ... hours ... minutes on the same day (or on .../.../...)

This record has been read aloud to all participants and confirmed below.

This record is made in ... copies and handed over to ...(6)…/.

 PARTICIPANTS(CHaracter signature or thumbprint) (*)NameINSPECTION TEAM (GROUP) (**)Each member signing the recordName

Note:

(1) Name of the agency, organization issuing the Decision to establish the Inspection Team (Group).

(2) Location.

(3) Name of the record, e.g.: Record of direct working session with the complainant, the accused, Record of working session with the agency, organization, individual to collect information, documents, evidence related to the complaint content...

(4) Names, titles, addresses, contact phone numbers (if any) of the participants. Participants may be: the complainant, the accused... Representatives of the agency, organization, unit or individual related.

(5) Record the content of the work; opinions of the participants, members of the Inspection Team (Group).

(6) Name of the agency, organization, individual related receiving the record from the Inspection Team (Group).

(*) In case someone does not sign, it must be clearly recorded in the record.

(**) Representative of the Inspection Team (Group) for complaint content verification signs each page of the Record.

 

Form No. 09

NAME OF THE AGENCY, ORGANIZATIONMANAGING AUTHORITY (1)NAME OF THE AGENCY, ORGANIZATION (2)SOCIALIST REPUBLIC OF VIETNAMIndependence - Freedom - HappinessNo.: ……/...(3)…(4)…, day … month … year …

 

To: …(5)…

To have a basis for concluding the complaint content accurately and objectively,...(2)…request appraisal of the following information, documents, evidence: …(6)

Therefore, we request …(5)…to conduct the appraisal and send the results to …(2)…before day...month...year…

…(2)…appoints Mr./Ms....(7)...as a member of the complaint investigation team directly hand over the documents, evidence and receive the appraisal results./.

 

Place of receipt: As above; …(8); File: VT, dossier.SIGNATORY POSITION(Signature, seal)Name

Note:

(1) Name of direct supervising authority (if any).

(2) Name of the agency, organization requesting the appraisal.

(3) Abbreviation of the name of the agency, organization requesting the appraisal.

(4) Place name.

(5) Name of the agency, organization requested for the appraisal.

(6) Information, documents, evidence requested for appraisal and the content needed to be appraised.

(7) Name, position, title of the person appointed to hand over information, documents, evidence and receive the appraisal results.

(8) The person handling the complaint, the complainant, and the related agency, organization, individual.

 

Form No. 10

NAME OF THE AGENCY, ORGANIZATIONMANAGING AUTHORITY (1)INSPECTION TEAM (GROUP) TO VERIFYTHE COMPLAINT CONTENTSSOCIALIST REPUBLIC OF VIETNAMIndependence - Freedom - Happiness …(2)…, day … month … year …

REPORT

Results of verifying the complaint content

Respectfully submitted to: …(3)…

Implementing Decision No.../QĐ... dated …/…/……… of …(4)

From day .../.../... to day .../…/……., the Inspection Team (Group) verified the complaint content against: …(5)…

The Inspection Team (Group) reports the results of verifying the complaint content as follows:

1. Verification results: …(6)…

2. Comments and evaluation: …(7)…

3. Recommendations: …(8)…

Above is the report on the results of verifying the complaint content, we recommend ... (3)... to consider and instruct./.

 

Place of receipt: As above; …; File: VT, dossier.HEAD OF THE INSPECTION TEAM (GROUP) (*)(Signature)Name

Note:

(1) Name of the agency, organization issuing the Decision to establish the Inspection Team (Group).

(2) Location.

(3) Head of the agency, organization issuing the Decision to establish the Inspection Team (Group).

(4) Issuer, summary of the Decision establishing the Inspection Team (Group).

(5) Name of the agency, organization or name, position, title, address of the individual complained against and a summary of the complaint content.

(6) Verification results according to each complaint content, explanation of the accused.

(7) Comments and evaluations according to each complaint content, clearly stating the legal basis to determine whether there is or is not a violation of the law, whether the complaint is correct, partially correct, or incorrect; intentional false complaints (if any); comments and evaluations on the illegal acts of the accused, other agencies, organizations, individuals (if any); determination of responsibility of each agency, organization, individual related to the complaint content.

(8) Recommendations for handling agencies, organizations, individuals who violate the law; necessary measures to protect the interests of the state, rights and legitimate interests of agencies, organizations, individuals.

(*) The Head of the Inspection Team (Group) for complaint content verification signs each page of the Report.

 

Form No. 11

NAME OF THE AGENCY, ORGANIZATIONMANAGING AUTHORITY (1)NAME OF THE AGENCY, ORGANIZATION (2)SOCIALIST REPUBLIC OF VIETNAMIndependence - Freedom - HappinessNo.: ……/BC- ...(3)…(4)…, day … month … year …

REPORT

Results of verifying the complaint content

To: …(5)…

Implementing the assigned task of verifying the complaint content at …(6)…

... (2) ... has established an Inspection Team (Group) to verify the complaint content against: …(7)…

Based on the Report of the Inspection Team (Group) on the results of verifying the complaint content and related information, documents, evidence,... (2)... reports ... (5) …as follows: …

1. Verification results: …(8)…

2. Comments and evaluation: …(9)…

3. Recommendations: …(10)…

Above is the report on the results of verifying the complaint content, we recommend ... (5) ... to consider and conclude./.

 Place of receipt:- As above;- ...;- To be filed: VT, file.SUBJECT POSITION OF THE SIGNATORY(Signature, seal)Name

Note:

(1) Name of direct supervising authority (if any).

(2) Name of the agency or organization reporting the results of the verification of the complaint content.

(3) Abbreviation of the name of the agency or organization reporting the results of the verification of the complaint content.

(4) Place name.

(5) The person handling the complaint.

(6) Document assigning the task of verifying the complaint content to the person handling the complaint.

(7) Name of the agency or organization, or full name, position, title, address of the individual being complained against, and a summary of the complaint content.

(8) Results of verification according to each item of the complaint content, and the explanation provided by the person being complained against.

(9) Comments and evaluation according to each item of the complaint content, specifying clearly the legal basis for determining whether there is or is not a violation of the law, whether the complaint is correct, partially correct, or incorrect; intentional false complaints (if any); comments and evaluation on the illegal acts of the person being complained against, agencies, organizations, or individuals (if any); determination of responsibility of each relevant agency, organization, or individual related to the complaint content.

(10) Recommendations for handling by agencies, organizations, or individuals who have violated the law; necessary measures to protect the interests of the state, rights, and legitimate interests of agencies, organizations, or individuals.

 

Form No. 12

NAME OF THE MANAGING AGENCY OR ORGANIZATION (1)NAME OF THE AGENCY OR ORGANIZATION (2)SOCIALIST REPUBLIC OF VIETNAMIndependence - Freedom - HappinessNo.: …../KL-…..(3)….…(4)…, day … month … year …

 

CONCLUSION ON COMPLAINT CONTENT

For …(5)…

On .../../..., …(2)... issued Decision No.../QĐ-... to handle the complaint against …(5) …

Based on the complaint content, the explanation provided by the person being complained against, the results of verifying the complaint content, related documents and evidence, and comparing with legal provisions,... (2)... concludes the complaint content as follows:

1. Results of verifying the complaint content: (6) …

2. Legal basis for determining whether there is or is not a violation of the law (7)

3. Conclusion: …(8)…

4. Measures to be taken within the authority and recommendations: …….(9)…

 Place of receipt:- …(1)…;- ...(10)…;- …(11)…;- ...(12)...;- …(13)…;- …(14)…;- To be filed: VT, file.PERSON HANDLING THE COMPLAINT(Signature)Name

Note:

(1) Name of direct supervising authority (if any).

(2) Name of the agency or organization concluding the complaint content.

(3) Abbreviation of the name of the agency or organization concluding the complaint content.

(4) Place name.

(5) Name of the agency or organization being complained against, or full name, position, title, address of the individual being complained against.

(6) Verification results according to each complaint content, explanation of the accused.

(7) Clearly specify the legal basis for determining whether there is or is not a violation of the law.

(8) Conclude each item of the complaint content, specifying clearly whether the complaint is correct, partially correct, or incorrect; intentional false complaints (if any), conclusions on the illegal acts of the person being complained against, agencies, organizations, or individuals (if any); causes; responsibility of the person being complained against, agencies, organizations, or individuals related to the correct or partially correct complaint content; material and spiritual damage caused by the illegal act; the victim; contents violating the law, mistakes, or inconsistencies in previous complaint resolution (if any) and the responsibility of related agencies, organizations, units, or individuals.

(9) Measures to be taken within the authority; recommendation for other agencies, organizations, or individuals to apply measures within their authority against agencies, organizations, or individuals who have violated the law; recommendation for competent authorities to consider amending and supplementing policies and laws, applying necessary measures to protect the interests of the State, rights, and legitimate interests of agencies, organizations, or individuals.

(10) Higher-level state inspection agency.

(11) Same-level state inspection agency.

(12) The person being complained against (in cases where the conclusion document contains state secrets or harmful information to the complainant, such information must be excerpted and removed before sending it to the person being complained against).

(13) Name of the agency, organization, or individual managing the person being complained against.

(14) Name of the agency, organization, or individual related party receiving the conclusion.