THE GOVERNMENT
-------
No.: 75/2012/ND-CP
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
--------------
Hanoi, October 03, 2012
 
 
DECREE
DETAILING A NUMBER OF ARTICLES OF THE LAW ON COMPLAINTS
 
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Law on Complaints dated November 11, 2011;
At the request of the General Inspector of the Government;
The Government issues the Decree detailing a number of Articles of the Law on Complaints,
Chapter 1.
GENERAL PROVISIONS
Article 1. Scope of governing
This Decree shall detail the following Articles of the Law on Complaints:
1. Clause 2 of Article 3 of the complaints and settlement of complaints in the public service providing units, state-owned enterprises;
2. Clause 4 of Article 8 of the many people together complain the same content;
3. Article 23, Article 24, Article 26 of the consideration of settlement of complaints of violations of law;
4. Clause 3 of Article 41 of the publication of decision on settlement of the complaints;
5. Clause 4 of Article 46 on the implementation of the valid decision to settle complaints; Clause 2 of Article 58 on the implementation of the decision to settle complaints against valid decisions on disciplinary of officials and civil servants;
6. Chapter V of reception of citizens.
Article 2. Application Subjects
This Decree applies to Vietnamese agencies, organizations, citizens; foreign agencies, organizations and individuals in Vietnam in the complaint of administrative decision, administrative acts, except the international agreements which Socialist Republic of Vietnam is a contracting party otherwise provided for.
Chapter 2.
COMPLAINTS AND SETTLEMENT OF COMPLAINTS IN THE PUBLIC SERVICE PROVIDING UNITS, STATE-OWNED ENTERPRISES
Article 3. Complaints, settlement of complaint against administrative decisions, administrative acts in the public service providing units, state-owned enterprises
1. Complaint against administrative decisions, administrative acts in the public service providing units, state-owned enterprises is the one that citizens, agencies, organizations, public servants, workers in the public service providing units, state-owned enterprises (hereinafter referred to as the complainant) in accordance with the procedures set out in the Complaint Law and this Decree propose the public service providing units, state-owned enterprises, those who are competent in the units, enterprises to review their administrative decisions, administrative acts when there are grounds to assume that those decisions, acts are unlawful, infringe their legitimate rights and interests.
2. The heads of the public service providing units, the legal representatives of the state-owned enterprises have jurisdiction for first settlement of complaints for their administrative decisions, administrative acts, of officials, public servants, employees under their direct management.
3. The heads of the superior public service providing units have jurisdiction for second settlement of complaints for their administrative decisions, administrative acts which the heads of public service providing units settled in accordance with provisions of Clause 2 of this Article but they still have been complained; for public service providing units having no the superior public service providing units, the heads of state agencies managing the public service providing units shall have jurisdiction for second settlement of complaints.
Complaints against: administrative decisions, administrative acts of public service providing units decided to establish by the Prime Minister, ministers, heads of ministerial-level agencies of state management on branches, sectors are the one who are competent for second settlement of complaints.
4. The legal representatives of the superior State-owned enterprises are competent for second settlement of complaints for administrative decisions, administrative acts that the legal representatives of subordinate state-owned enterprises firstly settled but they still have been complained.
For state-owned enterprises decided to establish by the Ministers, Chairmen of the provincial-level People's Committees, the ministers, Chairmen of provincial-level People's Committees are competent for second settlement of complaints.
For state-owned enterprises decided to establish by the Prime Minister, the ministers, heads of ministerial-level agencies of state management in the major business lines of the enterprises are competent for second settlement of complaints.
5. The rights and obligations of the complainants, the complained being persons, the complaint settling persons, the prescription for claims, the time limit for settling complaints, order and procedures for settling complaints against administrative decisions, administrative acts in the public service providing units, state-owned enterprises shall comply with the provisions of the Law on Complaints and this Decree.
Article 4. Complaints and settlement of complaints on the disciplinary decisions of civil servants and public employees in the public service providing units, workers in state enterprises
1. The complaints on the disciplinary decisions of officials and public servants, public employees; prescription for complaints; time limit for complaint settlement; competence to settle the complaints; order and procedures for settling complaints against the disciplinary decisions of civil servants and public employees in the public service providing units, employees in the state-owned enterprises shall comply with the provisions on complaints and settlement of complaints and disciplinary decisions of officials and civil servants in Chapter IV of the Law on Complaint and this Decree.
2. Complaints on disciplinary decisions against the heads of the public service providing units, the legal representatives of the state-owned enterprises appointed by the Prime Minister, the Minister of Home Affairs is the one who has jurisdiction for settlement.