The complaint, a procedure for requesting a competent agency, organization, or individual to review an administrative decision or act of a state administrative agency, a competent person, or any individual when having grounds to believe that such activity violates provisions of the law and infringes upon the legitimate rights as well as interests. Complaints or settlements of complaints must be made in accordance with current regulations and guidance. In this article, LSX legal firm will inform you: “How to lodge a complaint in Vietnam 2022?”
Legal ground
- Law on Complaints 2011
What is complaint?
Complain means that a citizen, agency, organization, cadre, or civil servant, according to the procedures prescribed in the law on Complaints 2011, requests a competent agency, organization, or person to review an administrative decision or act of a state administrative agency or competent person in such agency, or a disciplinary decision against a cadre or civil servant when having grounds to believe that such “unlawful” decision or act infringes upon his/her/its rights and lawful interests.
Thus, it can be understood that a complaint is made when an administrative decision or administrative act of a competent individual or a state agency has grounds to believe that such decision or act is contrary to the provisions of law, infringing upon the legitimate rights and interests of the complainant.
In which:
- An administrative decision means a document issued by a state administrative agency or a competent person in a state administrative agency to decide on a specific issue in state administrative management activities. times for one or several specific objects.
- An administrative act means an act of a state administrative agency or a competent person in a state administrative agency to perform or fail to perform a task or official duty as prescribed by law.
- A disciplinary decision means a written decision of the head of an agency or organization to apply one of the disciplinary forms to cadres and civil servants under his/her management in accordance with the law on ministries and civil servants.
Article 8 of the Law on Complaints 2011 stipulates 02 forms of complaint: Complaints in writing; Complaints directly.
Complaints not eligible to accept for settlement
On the other hand, not all complaints accepted and resolved. Specifically, according to Article 11 of the Law on Complaints 2011:
“A complaint falling into one of the following cases is not accepted for settlement:
- It is about an administrative decision or act within a state agency for directing and organizing the performance of tasks and official duties; an administrative decision or act related to direction and administration by an administrative agency toward its subordinate administrative agency; administrative decision containing legal rules issued by competent agencies, organizations or persons according to the order and procedures prescribed in law on promulgation of legal documents; an administrative decision or act involving a state secret in the field of defense, security or foreign affairs as listed by the Government;
- It is about an administrative decision or act not directly related to the rights and lawful interests of the complainant;
- The complainant has no full civil act capacity and no a lawful representative;
- The complaint is implemented by an unlawful representative;
- There is no signature or fingerprint of the complainant in the written complaint;
- The statute of limitations or time limit for making a complaint has expired but the complainant has no legitimate reason;
- A second-time complaint settlement decision has been issued;
- There is a written notice of suspension of the complaint settlement and the complainant does not continue making complaint during 30 days after the issuance of such notice;
- It has been accepted by a court for settlement or has been settled under a court judgment or decision other than a court’s decision on suspension of the settlement of an administrative case.”
How to lodge a complaint
In case a complaint made in writing, the complaint must clearly state the following contents:
- Firstly, the date, month, and year of complaint;
- Secondly, the name and address of the complainant;
- Thirdly, the name and address of the complained agency, organization, or individual;
- Fourthly, contents, reasons for complaints, documents related to the complaint contents;
- Lastly, the complainant’s request for settlement.
The complainant must sign or index the complaints.
Currently, no separate department established to deal with complaints. Send the complaint form to the competent agency such as the Minister, the head of the ministerial-level agency, or the Chairmen of People’s Committees of communes, districts, provinces, inspectors at all levels, etc. To determine the competence to settle complaints, refer to Chapter 3 of the Law on Complaints 2011.
Legal service of LSX Legal Firm
LSX legal firm provides legal services to clients in various legal areas. To make your case convenient, LSX will perform:
- Legal advice related to new regulations in business suspension;
- Representing in drafting and editing documents;
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Furthermore, using our service, you do not need to do the paperwork yourself, We guarantee to help you prepare documents effectively and legally.
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Related questions
Within 03 working days after issuing a complaint settlement decision, the first-time complaint settler shall send such complaint settlement decision to the complainant, the his/her direct superior or competent person, persons with related rights and obligations, the agency, organization or person that has forwarded the complaint and the state inspectorate at the same level.
The making complaints and settlement of complaints must comply with law; ensure objectiveness, publicity, democracy and timeliness.
The statute of limitation for making a complaint: 90 days after receiving an administrative decision or knowing or informed of an administrative decision or act.
In case a complainant fails to exercise the right to complain in accordance with the statute of limitation due to illness, natural disaster, enemy sabotage, working mission or study in a distant place or another objective obstacle, the period during which such obstacle exists is not counted into the statute of limitation for making a complaint.
Contact LSX
Finally, hope this article is useful for you to answer the question about “How to lodge a complaint in Vietnam 2022?”. If you need any further information, please contact LSX Law firm: +84846175333 or Email: [email protected]
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