Decree No. 76/2012/ND-CP detailing the implementation of certain provisions of the Law on Complaints

 

DECREE

Detailed Implementation of Certain Provisions of the Law on Complaints

Based on the Law on the Organization of the Government dated December 25, 2001;

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

Pursuant to the Law on Encouragement and Reward dated November 26, 2003;

At the proposal of the Government Inspector General;

The Government promulgates this Decree detailing certain provisions of the Law on Complaints,

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree details the following provisions of the Law on Complaints:

Clause 2 and Clause 3 of Article 19 regarding multiple people jointly complaining about the same content.

Clause 3 of Article 30 concerning the public disclosure of the conclusion of the complaint content and the decision to handle the complained misconduct.

Article 40 concerning the protection of complainants.

Article 45 concerning the reward system for individuals with outstanding achievements in making complaints.

Article 2. Applicability

This Decree applies to Vietnamese citizens, foreign individuals in Vietnam in the act of complaining; entities, organizations, and individuals whose actions are being complained about; entities, organizations, and individuals with authority to resolve complaints; and other entities, organizations, and individuals related to the resolution of complaints.

Complainants and close relatives of complainants are protected; entities, organizations, and individuals with authority to protect complainants.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

Close relatives of complainants include: spouse, father, mother, adoptive father, adoptive mother, father or mother from the wife's or husband's side, biological or adopted children, full brothers or sisters, and half-brothers or half-sisters of the complainant.

Entities with authority to protect complainants include: authorities responsible for receiving and resolving complaints, police agencies at all levels, and other entities, organizations, and individuals involved in applying measures to protect complainants and their close relatives.

Chapter II
JOINT COMPLAINTS PUBLIC DISCLOSURE

CONCLUSION OF COMPLAINT CONTENT, DECISION ONHANDLING

VIOLATIONS BEING COMPLAINED ABOUT

Section 1
APPOINTING A REPRESENTATIVE TO PRESENT THE COMPLAINT

Article 4. Number of Representatives

When multiple people jointly file a complaint, they must appoint a representative to present the complaint content to the competent entity, organization, or individual. The representative must be one of the complainants.

The appointment of a representative shall be carried out as follows:

a) In cases where there are five to ten complainants, one or two representatives may be appointed;

b) In cases where there are ten or more complainants, additional representatives may be appointed, but not exceeding five in total.

Article 5. Appointment Document for Representatives

1. When multiple people jointly file a complaint through a letter, the letter must clearly state the name, address of the representative. If multiple people file a complaint in person, they must appoint a representative to present the complaint content.

The appointment of a representative to present the complaint is carried out according to Clause 2 and Clause 3 of Article 19 of the Law on Complaints, Article 4 of this Decree, and is documented in writing.

2. The appointment document for the representative of the complaint must contain the following information:

a) Date, month, year;

b) Name and address of the representative;

c) Content represented;

d) Signature or fingerprint of the complainants.

đ) Other related contents (if any).

3. The representative is responsible under the law for the legality of the representation and the appointment document.

Section 2
RESPONSIBILITIES OF ENTITIES, ORGANIZATIONS, AND INDIVIDUALS IN COOPERATING TO HANDLE JOINT COMPLAINTS

COOPERATION IN HANDLING CASES WHERE MULTIPLE PERSONS FILE COMPLAINTS SIMULTANEOUSLY

Article 6. Responsibilities of entities, organizations, and individuals in cooperating to handle joint complaints at commune, ward, town level

1. When multiple people jointly file a complaint at the commune, ward, or town level, the Chairman of the People's Committee of the commune, ward, or town (collectively referred to as the Chairman of the Commune-level People's Committee) has the responsibility to:

a) Assign staff to meet with the representative of the complainants to hear the presentation of the complaint content; explain and guide citizens on how to exercise their right to complain in accordance with the law.

In complex complaint cases, the Chairman of the Commune-level People's Committee will directly meet or chair, coordinate with the Fatherland Front and relevant political-social organizations to meet with the representative of the complainants to hear the presentation of the complaint content.

b) Direct the commune-level police force to maintain public order at the location where the complainants gather.

2. The Chairman of the Commune-level People's Committee will handle and resolve the complaint according to the law on complaints within his jurisdiction; if the complaint does not fall within his jurisdiction, he will guide the complainants to the competent entity, organization, or individual for resolution.

3. The Chief of the Commune-level Police Force is responsible for chairing and coordinating with security forces and neighborhood watch groups to ensure public order at the location where the complainants gather; handling violations according to the law.

Article 7. Responsibilities of agencies, organizations, and individuals in coordinating to handle cases where multiple people collectively file complaints at the district, town, city under provincial jurisdiction, or county level

1. When multiple people collectively file complaints at an agency within the district, town, city under provincial jurisdiction, or county (collectively referred to as the district level), the Head of the agency shall assign staff to receive and listen to representatives of the complainants presenting the complaint content; explain and guide citizens to exercise their right to file complaints in accordance with the provisions of the law. In complex complaint cases, the Head of the agency shall personally receive and listen to representatives of the complainants presenting the complaint content.

The Head of the agency shall handle and resolve the complaint according to the provisions of the law if it falls within their authority; for complaints not within their authority, they shall guide the complainant to the agency, organization, or individual with the appropriate authority to resolve the complaint.

2. When multiple people collectively file complaints at the People's Committee at the district level or the reception office at the district level, the person responsible for receiving citizens shall arrange for staff to receive and listen to representatives of the complainants presenting the complaint content; explain and guide citizens to exercise their right to file complaints in accordance with the provisions of the law.

If necessary, the person responsible for receiving citizens shall directly receive representatives of the complainants; request the Chairman of the People's Committee at the commune level where the complaint incident occurred and related agencies and organizations to provide information and documents and assign responsible persons to participate in receiving representatives of the complainants.

3. For complex cases, the Chairman of the People's Committee at the district, town, city under provincial jurisdiction, or county level (collectively referred to as the Chairman of the People's Committee at the district level) shall either personally or delegate a responsible person to receive and listen to representatives of the complainants presenting the complaint content. If necessary, they shall request the Chairman of the People's Committee at the commune or district level where the complaint incident occurred or related agencies and organizations to provide information and documents and assign responsible persons to participate in receiving representatives of the complainants.

4. The Chief of Public Security at the commune level managing the area where the complainants gather shall be responsible for ensuring public order; handling violations according to the provisions of the law.

The Chief of Public Security at the district level shall be responsible for monitoring and grasping the situation of complaints to advise competent authorities on handling situations arising during the resolution of complaints; implementing measures to ensure public order; handling violations according to the provisions of the law.

Article 8. Responsibilities of agencies, organizations, and individuals in coordinating to handle cases where multiple people collectively file complaints at the provincial or centrally governed city level

1. When multiple people collectively file complaints at an agency of the province or centrally governed city, the Head of the agency shall assign staff to receive and listen to representatives of the complainants presenting the complaint content; explain and guide citizens to exercise their right to file complaints in accordance with the provisions of the law. In complex complaint cases, the Head of the agency shall personally receive and listen to representatives of the complainants presenting the complaint content.

The Head of the agency shall handle and resolve the complaint according to the provisions of the law if it falls within their authority; for complaints not within their authority, they shall guide the complainant to the agency, organization, or individual with the appropriate authority to resolve the complaint.

2. When multiple people collectively file complaints at the People's Committee at the provincial level or the reception office at the provincial level, the person responsible for the reception office shall arrange for staff to receive and listen to representatives of the complainants presenting the complaint content.

If necessary, the person responsible for the reception office shall directly receive representatives of the complainants; request the Chairman of the People's Committee at the commune or district level where the complaint incident occurred and related agencies and organizations to provide information and documents and assign responsible persons to participate in receiving representatives of the complainants.

3. For complex cases, the Chairman of the People's Committee at the provincial or centrally governed city level (collectively referred to as the Chairman of the People's Committee at the provincial level) shall either personally or delegate a responsible person to receive and listen to representatives of the complainants presenting the complaint content. If necessary, they shall request the Chairman of the People's Committee at the commune or district level where the complaint incident occurred or related agencies and organizations to provide information and documents and assign responsible persons to participate in receiving representatives of the complainants.

4. The Chief of Public Security at the commune or district level managing the area where the complainants gather shall be responsible for ensuring public order; handling violations according to the provisions of the law.

The Chief of Public Security at the provincial level shall be responsible for monitoring and grasping the situation of complaints to advise competent authorities on handling situations arising during the resolution of complaints; implementing measures to ensure public order; handling violations according to the provisions of the law.

Article 9. Responsibilities of agencies, organizations, and individuals in coordinating to handle cases where multiple people collectively file complaints to central agencies

1. When multiple people collectively file complaints at central agencies, the head of the agency shall assign staff to receive them, listen to representatives of the complainants present the complaint contents; explain and guide citizens on exercising their right to file complaints in accordance with the provisions of the law. In complex complaint cases, the head of the agency shall receive and listen to representatives of the complainants present the complaint contents.

The Head of the agency shall handle and resolve the complaint according to the provisions of the law if it falls within their authority; for complaints not within their authority, they shall guide the complainant to the agency, organization, or individual with the appropriate authority to resolve the complaint.

2. When multiple people collectively file complaints at the Central Party and State Citizen Reception Office, the person responsible for the Citizen Reception Office shall have the responsibility to:

a) Assign staff or take the lead, coordinate with the representative of the agency participating in citizen reception at the Office to receive citizens;

b) If deemed necessary, propose the leadership of the provincial or district People's Committee where the complaint incident occurred to participate or send someone responsible to meet with representatives of the complainants;

c) Request relevant agencies and organizations to provide information and documents; participate in meeting with representatives of the complainants;

d) Coordinate with the Chairman of the provincial People's Committee to mobilize and persuade citizens to return to their localities.

3. The Chairman of the provincial or district People's Committee where the complaint incident occurred shall have the responsibility to:

a) Directly or assign someone responsible to coordinate with the person in charge of the Central Party and State Citizen Reception Office and related central agencies to meet with representatives of the complainants;

b) Provide information and documents about the complaint case according to the request of the competent authority;

c) Resolve complaints within their jurisdiction or instruct subordinate state agencies under their management to resolve complaints in accordance with the law;

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

4. The head of the relevant agency shall provide information and documents and assign someone responsible to participate in meeting with representatives of the complainants according to the request of the competent authority resolving the complaints.

5. The Chief of Public Security at the commune, district, and provincial level managing the area where the complainants gather shall be responsible for protecting the agencies and staff receiving citizens and ensuring public order; handling violations according to the law.

6. The Ministry of Public Security shall be responsible for monitoring and grasping the situation of complaints to advise competent authorities in handling situations arising during the resolution of complaints; implementing measures to ensure public order; handling violations according to the law.

Article 10. Responsibilities of the Government Inspector General, Minister of Public Security, Chairman of the People's Committee of Hanoi City, and Chairman of the People's Committee of Ho Chi Minh City

1. Within the scope of their functions, tasks, and powers, the Government Inspector General and the Minister of Public Security shall be responsible for implementing, guiding, inspecting, and urging ministries, sectors, localities, public security agencies, and inspection agencies at all levels in handling cases where multiple people collectively file complaints.

2. The Chairmen of the People's Committees of Hanoi City and Ho Chi Minh City shall be responsible for supporting and coordinating with the Government Inspector General, the Minister of Public Security, the Central Party and State Citizen Reception Office in Hanoi City and Ho Chi Minh City, and related ministries and sectors in handling cases where multiple people collectively file complaints when requested.

Section 3
PUBLIC ANNOUNCEMENT OF COMPLAINT CONTENT CONCLUSIONS AND DECISIONS ON HANDLING VIOLATIONS REPORTED

HANDLING VIOLATION BEING COMPLAINED ABOUT

Article 11. Publicizing the conclusion of the content of the complaint and the decision to handle the reported violation

1. Within ten days from the date of signing the conclusion on complaint content and decision on handling the reported violation, the person resolving the complaint shall be responsible for publicly announcing the conclusion on complaint content and decision on handling the reported violation.

2. For complaints regarding violations of laws by civil servants, public officials, and employees in performing their duties, the public announcement of the conclusion on complaint content and decision on handling the reported violation shall be carried out in one of the forms prescribed in Clause 1, Article 30 of the Law on Complaints and shall be implemented as follows:

a) Announced at a meeting of the agency or organization where the accused works, with participants including: the person resolving the complaint, the person verifying the complaint content, the accused, the head of the agency or organization where the accused works, and related agencies, organizations, and individuals. Before holding the public meeting, the authorized person must issue a written notice to the relevant agencies, organizations, and individuals. The notification period must be at least three working days prior to the meeting;

b) Posted at the workplace or citizen reception office of the agency or organization resolving the complaint and decision on handling the reported violation for a period of fifteen days from the posting date;

c) Announced through mass media including radio, television, print, and online media. The person resolving the complaint may choose one of these forms of announcement to implement the public announcement. If the agency has an electronic portal or website, the authorized person must announce on the electronic portal or website.

The number of announcements on radio should be at least two broadcasts; on television, at least two broadcasts; on print media, at least two issues. The posting period on online media, on the electronic portal, or on the website of the complaint resolution agency should be at least fifteen days from the date of posting the announcement.

3. For complaints regarding violations of laws on state management in various fields, the public announcement of the conclusion on complaint content and decision on handling the reported violation shall be carried out in one of the forms prescribed in Point b and c of Clause 2 of this Article.

Chapter III
MEASURES TO PROTECT THE COMPLAINANT AND RESPONSIBILITIES

OF AGENCIES, ORGANIZATIONS, AND INDIVIDUALS WITH COMPETENT AUTHORITY

IN PROTECTING THE COMPLAINANT

Section 1
PROTECTING THE CONFIDENTIALITY OF COMPLAINANT INFORMATION

Article 12. Protecting the confidentiality of information about the complainant during the process of receiving, processing, and resolving complaints

1. When receiving and handling complaints for resolution, authorities, organizations, and individuals with jurisdiction must study and determine the content of the case, information that, if disclosed, would be disadvantageous to the complainant, to apply appropriate measures to keep such information confidential for the complainant. In necessary cases, they may omit the name, address, signature, and other personal information of the complainant from the complaint letter and accompanying documents, while storing and managing information about the complainant under a secret information regime.

2. During the process of resolving complaints, if there is a need to meet directly with the complainant, relevant authorities, organizations, and individuals, the person handling the complaint must arrange time, location, and choose an appropriate method of work to protect the confidentiality of the complainant's information.

3. If discovering that an unauthorized person has collected information about the complainant, the person handling the complaint has the responsibility to apply measures within their authority or to recommend that an authorized person apply preventive or punitive measures against the violator.

4 ||| Article 13. Responsibility for Protecting Confidential Information About the Complainant of Relevant Authorities, Organizations, and Individuals

Authorities, organizations, and individuals involved in providing information, documents, coordinating in resolving complaints, and enforcing decisions on handling violations reported in complaints have the responsibility to apply necessary and appropriate measures to protect the confidentiality of the complainant's information.

Section 2
PROTECTING THE LIFE, HEALTH, PROPERTY, REPUTATION, PERSONAL HONOR, CREDIT, AND OTHER PERSONAL RIGHTS OF THE COMPLAINANT AND THE COMPLAINANT'S RELATIVES

5 ||| Article 14. Protection of the Life and Health of the Complainant and the Complainant's Relatives

1. When there is evidence indicating that making a complaint may endanger the life or health of the complainant or their relatives, the complainant has the right to request the complaint handler, the police station where the complainant or their relatives reside, work, or study, or another authorized entity to apply protective measures. The request for protection must be in writing. In urgent situations, the complainant may make the request orally or through other communication means but must immediately follow up with a written request.

2. During the complaint resolution process, if there is evidence suggesting a risk of harm to the life or health of the complainant or their relatives (collectively referred to as the protected person), the complaint handler has the responsibility to direct or coordinate with the police station where the protected person resides, works, or studies, or another authorized entity to apply protective measures and inform the protected person.

3. If it is determined that harmful acts against the protected person are currently occurring or are about to occur immediately, depending on the nature and level of danger of the harmful act, the authorized complaint handler must direct or coordinate with the police station where the protected person resides, works, or studies, or another authorized entity to immediately apply the following protective measures:

a) Deploy personnel, equipment, and tools to ensure safety for the protected person at necessary locations;

b) Temporarily relocate the protected person to a safe place.

4. Once harmful acts threatening the life or health of the protected person have been prevented, based on specific circumstances, the authorized complaint handler will direct or coordinate with the police station where the protected person resides, works, or studies, or another authorized entity to apply the following measures:

a) Handle according to their authority or propose that an authorized person handle the perpetrator of the harmful act;

b) If it is determined that the violation of the life or health of the protected person poses a risk of recurrence, issue a protection decision and develop a protection plan. The protection plan must include: the protected person; protective measures; duration of protection; protective force; responsibilities, forms, and contents of coordination between related agencies and organizations; and protection funding.

5. Based on the nature, degree, and actual possibility of occurrence of harmful acts against the life or health of the protected person, the agency issuing the protection decision shall consider and apply the measures stipulated in Clause 3, Article 39 of the Law on Complaints and the following measures:

a) Limit the scope of travel, communication, visits, work, and study of the protected person for a certain period;

b) Relocate and keep confidential the residence, workplace, and study location of the protected person;

c) Administer administrative penalties or recommend criminal penalties for acts of attack, harm, or threats of attack and harm;

d) Apply other administrative measures to prevent attacks, harms, or threats of attack and harm against the protected person;

đ) Change the identity, background, and physical characteristics of the protected person. This measure is only applied with the consent of the protected person and when the harmful act or threat of harm is particularly dangerous and related to organized transnational crimes, drug-related crimes, or other especially serious crimes as defined by criminal law.

Article 15. Protection of the property of the complainant and the complainant's relatives

1. When there is evidence that the act of complaint may harm their own property or that of their relatives, the complainant has the right to request the person handling the complaint, the police agency where the property is located, or other competent organizations or individuals to apply protective measures. The protection request must be in writing.

2. During the process of handling the complaint, if it is found that there is a risk of harm to the protected person's property, the person handling the complaint shall have the responsibility to apply protective measures within their authority or propose that the competent authority apply such measures and inform the protected person about the property.

3. In cases where the harmful act against the property is occurring or is likely to occur immediately, depending on the nature and level of danger of the harmful act, the competent authority handling the complaint shall direct and coordinate with the police agency where the property is located or other competent organizations or individuals to implement protective measures. Once the harmful act is stopped, the competent authority handling the complaint shall, within their authority or direct and coordinate with the police agency where the property is located or other competent organizations or individuals to apply the following protective measures:

a) Require the person committing the harmful act against the protected person's property to cease the violation.

b) Handle according to their authority or propose that the competent authority handle the violations according to the law.

Article 16. Protection of reputation, honor, personality, and other personal rights of the complainant and the complainant's relatives

1. When there is evidence that the act of complaint may harm their own reputation, honor, personality, or other personal rights, or those of their relatives, the complainant has the right to request the person handling the complaint, the police agency where the complainant or the complainant's relatives reside, work, or study, or other competent organizations or individuals to apply protective measures. The protection request must be in writing.

2. Depending on the nature and severity of the violation, the competent authority for protection shall apply the following protective measures:

a) Require the person committing the harmful act to cease the violation and publicly apologize and correct.

b) Handle according to their authority or propose that the competent authority handle the violator according to the law.

c) Propose relevant agencies, organizations, and units to restore the reputation, honor, personality, and other personal rights of the protected person that have been harmed.

Section 3
PROTECTION OF THE WORK POSITION AND EMPLOYMENT OF THE COMPLAINANT AND THE COMPLAINANT'S RELATIVES

Article 17. Protection of the work position and employment of the complainant and the complainant's relatives who are civil servants, public officials, or employees

1. When there is evidence that the act of complaint may result in discriminatory behavior, harassment, or job transfer by the competent management or user authority leading to reduced income and damage to their legitimate rights and interests, the complainant who is a civil servant, public official, or employee has the right to request the person handling the complaint to take necessary protective measures. The protection request must be in writing.

2. Within five working days from the date of receipt of the written protection request, the person handling the complaint shall have the responsibility to inspect and verify. The inspection and verification period is five working days. If there is evidence that the complainant's request is reasonable, within five working days, the person handling the complaint must apply protective measures within their authority or request the competent authority to apply the protective measures stipulated in Clause 4, Article 37 of the Law on Complaints and the following measures:

a) Transfer the protected person's work position to another agency, organization, or unit with their consent to avoid discrimination and harassment.

b) Issue a decision to handle according to their authority or recommend that the competent authority handle according to the law the person committing retaliatory acts, harassment, threats affecting the legitimate rights and interests of the protected person.

Article 18. Protection of employment for whistleblowers and their relatives who are employees under labor contracts but not civil servants.

1. Whistleblowers and their relatives who are employees under labor contracts have the right to request the grassroots trade union organization, the labor management agency, or other competent authorities at the location where the whistleblower and their relatives work to take measures to protect their legitimate rights and interests. The protection request must be in writing.

2. Within the latest five working days from the date of receipt of the protection request, the authority responsible for protection shall be responsible for inspecting and verifying. The inspection and verification period is five working days. If the whistleblower's request is deemed reasonable, within the latest three working days, the authority responsible for protection must apply appropriate measures within its jurisdiction or propose that the competent authority apply measures to provide the following protections:

a) Request the employer to cease the violation; restore the job position, employment, income, and other lawful benefits from employment for the person being protected;

b) Recommend that the competent authority handle the matter according to the provisions of the law.

Chapter IV
REWARDING PERSONS WITH MERIT IN WHISTLEBLOWING

Article 19. Principles of rewarding persons with merit in whistleblowing

Rewards must be accurate, fair, timely, ensuring consistency between the nature, form, and object of the reward, while closely combining spiritual encouragement with material incentives. The review and awarding process will only be conducted once for each achievement of an individual.

Article 20. Forms of Reward

1. Order of Bravery.

2. Certificate of Merit from the Prime Minister.

3. Commendation Certificate of Ministries, agencies equivalent to Ministries, agencies under the Government, Office of the National Assembly, Office of the President, Supreme People's Court, Supreme People's Procuracy, State Audit Agency, Central Committee of the Vietnam Fatherland Front, and central-level mass organizations (referred to as Commendation Certificate of Ministry-level, sectoral, provincial, and central-level mass organizations).

4. Praise Certificate issued by the head of agencies, units under Ministries, agencies equivalent to Ministries, agencies under the Government, departments, sectors, central-level mass organizations; the head of specialized agencies under provincial People's Committees and equivalent levels, Chairpersons of district-level and commune-level People's Committees, and other competent agencies and units.

Article 21. Standards for Rewards

1. Medal of Bravery to be awarded or posthumously awarded to individuals meeting one of the following criteria:

a) Not fearing sacrifice of their own life, property, and mental well-being, or that of their relatives, courageously reporting, actively cooperating with competent authorities, organizations, and individuals in detecting, preventing, and handling violations of law causing extremely serious consequences; achievements having motivational, educational, exemplary effects at the provincial, city, regional level or higher;

b) Sacrificing their life or sustaining injuries resulting in disability rates of 61% or more due to whistleblowing or preventing violations of law.

2. Prime Minister's Commendation to be awarded or posthumously awarded to individuals meeting one of the following criteria:

a) Courageously reporting, actively cooperating with competent authorities, organizations, and individuals in detecting, preventing, and handling violations of law causing very serious consequences; achievements having motivational, educational, exemplary effects at the regional level or involving multiple ministries, sectors, provinces, or central-level mass organizations;

b) Sustaining injuries or health damage resulting in disability rates of 31% to less than 61% due to whistleblowing or preventing violations of law.

3. Commendation Certificate of Ministry-level, sectoral, provincial, and central-level mass organizations to be awarded or posthumously awarded to individuals meeting one of the following criteria:

a) Reporting, actively cooperating with competent authorities, organizations, and individuals in detecting, preventing, and handling violations of law causing serious consequences; achievements having motivational, educational, exemplary effects at the ministry, sector, provincial, or central-level mass organization level or higher;

b) Sustaining injuries or health damage resulting in disability rates of 11% to less than 31% due to whistleblowing or preventing violations of law.

4. Praise Certificate to be awarded or posthumously awarded to individuals with outstanding achievements in whistleblowing, detecting, and preventing violations of law recognized by grassroots-level agencies or higher; achievements having motivational, educational, exemplary effects at the grassroots-level unit or higher.

Article 22. Proposing Awards

1. After concluding the content of the complaint, the person handling the complaint proposes to the competent authority to decide on awarding rewards to individuals with achievements in reporting complaints in accordance with this Decree.

2. Individuals with achievements in reporting complaints have the right to propose to the competent state authority or the complaint resolution agency (collectively referred to as the competent authority) to consider and decide on rewarding them. In cases where the individual with achievements in reporting complaints has passed away, their family or the organization, unit, or lawful representative of the complainant has the right to propose to the competent authority to consider rewarding that individual.

Article 23. Documentation and Procedures for Awards

1. The proposal for rewarding individuals with achievements in reporting complaints shall be made through a simplified procedure. The competent authority proposing the reward shall do so immediately after the complainant achieves outstanding and exceptional results.

2. Documentation for the proposal of awards includes:

a) A proposal letter from the complaint handler;

b) A summary report of the achievements of the complainant or the organization proposing the award, clearly stating the actions and achievements being proposed for recognition;

c) The complainant's proposal for award (if applicable).

Article 24. Reward Fund and Award Amounts

1. The funding for rewarding individuals with achievements in reporting complaints shall be sourced from the reward fund of the competent authority responsible for resolving complaints. The Ministry of Finance, in collaboration with the Government Inspectorate and the Ministry of Home Affairs, shall specify the procedures for establishing, managing, and utilizing the reward fund for individuals with achievements in reporting complaints.

2. Individuals with achievements in reporting complaints, in addition to being awarded Medals, Certificates of Merit, or Letters of Commendation as stipulated in this Decree, shall also receive a monetary reward. The amount of the reward shall be based on the minimum wage set by the State at the time of considering the award according to the laws on competition and rewards.

For individuals with achievements in reporting acts of corruption, they shall be considered for rewards in accordance with the laws on preventing and combating corruption.

Chapter V
IMPLEMENTING PROVISIONS

Article 25. Effective Date

This Decree takes effect from November 20, 2012, and replaces the provisions on complaints and complaint resolution in Decree No. 136/2006/NĐ-CP dated January 14, 2006, of the Government detailing and guiding the implementation of the Law on Petitions and Complaints and the Laws amending and supplementing certain articles of the Law on Petitions and Complaints.

Article 26. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities, and related agencies, organizations, and units are responsible for implementing this Decree./.