Decree No. 136/2006/ND-CP dated November 14, 2006 of the Government detailing and guiding the implementation of a number of articles of the Law on complaints and denunciations and the Laws amending and supplementing a number of articles of the Law on complaints and denunciations
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Hanoi, November 14, 2006
DETAILING AND GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LAW ON COMPLAINTS AND DENUNCIATIONS AND THE LAWS AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE LAW ON COMPLAINTS AND DENUNCIATIONS
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant o the December 2, 1998 Law on Complaints and Denunciations;
Pursuant to the June 15, 2004 Law Amending and Supplementing a Number of Articles of the Law on Complaints and Denunciations;
Pursuant to the November 29, 2005 Law Amending and Supplementing a Number of Articles of the Law on Complaints and Denunciations;
At the proposal of the Inspector General,
COMPLAINTS AND SETTLEMENT OF COMPLAINTS ABOUT ADMINISTRATIVE DECISIONS, ADMINISTRATIVE ACTS
Section 1. COMPLAINTS AND HANDLING OF WRITTEN COMPLAINTS
1. Citizens shall exercise their right to complain in the following forms:
a/ Self-exercise of the right to complain;
b/ If complainants are minors, persons suffering mental or other diseases which render them unable to be aware of or control their acts, their fathers, mothers, spouses, offspring or siblings who have full civil act capacity or their guardians shall act as their representatives to lodge complaints; in case of the absence of such representatives, the Vietnam Fatherland Front Committees of communes, wards or district towns where those people reside shall appoint representatives to make complaints;
When lodging complaints, representatives must possess papers or certifications of People's Committees of communes, wards or district towns where the complainants resides to prove to competent state bodies their lawful representation;
If the Vietnam Fatherland Front Committees of communes, wards or district towns appoint representatives to lodge complaints, documents clearly stating the reasons and responsibilities of the representatives are required;
Representatives have the rights and obligations of complainants specified in the Law on Complaints and Denunciations and the 2005 Law Amending and Supplementing a Number of Article of the Law on Complaints and Denunciations.
c/ If complainants are sick, old and weak or physically handicapped or for other objective reasons, thus being unable to lodge complaints by themselves, they may authorize their fathers, mothers, spouses, adult offspring, siblings or others who have full civil act capacity to lodge their complaints. The authorized persons must make complaints in strict accordance with the contents of authorization.
The authorization must be made in writing and certified by People's Committees of communes, wards or district towns where the authorizers reside.
2. Agencies shall exercise the right to complain through representatives being their heads. The agency heads may authorize their representatives according to law to exercise the right to complain.
3. Organizations shall exercise the right to complain through representatives being their heads specified in decisions on establishment of the organizations or in their charters. The organization heads may authorize representatives according to law to exercise the right to complain.
Article 2.- State agencies shall accept complaints for settlement when the following conditions are fully met:
1. The complainants must be those who have their lawful rights or interests directly affected by the administrative decisions or administrative acts they complain about.
2. The complainants must have full civil act capacity under the provisions of law; if complaints are made through representatives, the representatives must be those specified in Article 1 of this Decree.
3. The complainants must file their written complaints with proper agencies competent to settle them within the statute of limitations or time limit prescribed by the Law on Complaints and Denunciations.
4. The complaints have not yet been given decisions on second-time settlement.
5. The complaints have not yet been accepted by a court for settlement.
1. When providing legal assistance to complainants, lawyers have the following rights:
a/ To assist complainants in writing complaints; to join complainants in contacting agencies, organizations or individuals involved in the complaints in order to gather documents and evidence; to produce evidence to protect the legitimate rights and interests of complainants;
b/ To join complainants in meeting with and talking to the complaint settlers, the complained persons and other relevant people;
c/ To participate in other stages of the complaint-settling process;
d/ To assist complainants in exercising their rights in accordance with law in order to protect their legitimate rights and interests.
2. When providing legal assistance to complainants, lawyers are obliged to strictly realize the contents of assistance requested by the complainants in accordance with law; not to incite, coerce, buy off, induce complainants to make untruthful complaints nor abuse the right to complain to distort, slander, break public order or harm the interests of agencies, organizations or individuals.
3. When participating in the process of settling complaints to provide legal assistance to complainants, lawyers must produce the following papers:
a/ The lawyer's card;
b/ The complainant's written request for legal assistance;
c/ The introduction paper of the law-practicing organization, for lawyers practicing their profession in law-practicing organizations, or the introduction paper of the bar association of which the lawyers are members, for lawyers practicing their profession independently.
4. Relevant agencies, organizations and individuals shall create favorable conditions for lawyers to provide legal assistance to complainants in the course of settling complaints.
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