REGULATIONS ON COMPLAINTS AND DENUNCIATIONS

REGULATIONS ON COMPLAINTS AND DENUNCIATIONS
 
Objective: To provide information and certain provisions of the law on complaints and denunciations; the rights and obligations of complainants and whistleblowers; forms and procedures for making complaints and denunciations; procedures for settling complaints and denunciations; and how to contact legal aid in cases involving complaints and denunciations.
1. Some provisions on complaints
The right to complain is one of the fundamental rights of citizens recognized in the Constitution (Article 30) and by law. A complaint is one form of direct democracy through which citizens participate in state and social administration, with a view to protecting national interests and the lawful rights and interests of agencies, organizations, and individuals. The 2011 Law on Complaints (as amended by certain articles of the 2013 Law on Reception of Citizens) provides for complaints and the settlement of complaints against administrative decisions and administrative acts of state administrative bodies and persons competent within such bodies; complaints and settlement of complaints against disciplinary decisions on cadres and civil servants; reception of citizens; and the management and supervision of complaint‑settlement work.
1.1. Complaints and objects of complaint
A complaint is the act by a citizen, agency, organization, or cadre/civil servant, following procedures prescribed by law, of requesting a competent agency, organization, or individual to reconsider an administrative decision or administrative act of a state administrative body or of a competent person within a state administrative body, or to reconsider a disciplinary decision on a cadre/civil servant, when there are grounds to believe that such decision or act is unlawful and has infringed upon his/her/its lawful rights and interests. Accordingly, an administrative complaint can be understood as the request of an individual or organization for a competent agency, organization, or individual to reconsider an administrative decision or act when there are grounds to believe that the decision or act is unlawful and violates the complainant’s lawful rights and interests.
An administrative decision is a document issued by a state administrative body or a competent person within a state administrative body to decide on a specific matter in state administrative management, applied once to one or several specific subjects.
An administrative act is an act of a state administrative body or a competent person within a state administrative body in performing or failing to perform a duty or public task as prescribed by law.
1.2. Complainants
A complainant is a citizen, agency, organization, or cadre/civil servant who lodges a complaint. Agencies and organizations that have the right to complain include state agencies, political organizations, socio‑political organizations, social organizations, socio‑professional organizations, economic organizations, and people’s armed‑force units.
Rights of complainants: The Law on Complaints provides that a complainant has the following eleven rights:
- To complain on one’s own. Where the complainant is a minor or a person lacking legal capacity, his/her lawful representative shall lodge the complaint. Where the complainant is ill, elderly, physically disadvantaged, or for other objective reasons cannot complain in person, he/she may authorize his/her father, mother, spouse, biological siblings, adult child, or another person with full legal capacity to lodge the complaint.
- To consult a lawyer or authorize a lawyer to complain in order to protect his/her lawful rights and interests. Where the complainant is a person eligible for legal aid under law, he/she may seek advice from a legal‑aid officer or authorize such officer to complain to protect his/her lawful rights and interests.
- To participate in dialogue or authorize a lawful representative to participate in dialogue.
- To be informed of, read, copy, and take extracts of documents and evidence collected by the complaint‑settlement authority for the purpose of settling the complaint, except information and documents classified as state secrets.
- To request related individuals, agencies, and organizations that are keeping or managing information and documents relevant to the complaint to provide such information and documents within seven days from the date of request, for submission to the complaint‑settlement authority, except information and documents classified as state secrets.
- To request the complaint‑settlement authority to apply urgent measures to prevent consequences that may arise from the implementation of the complained administrative decision.
- To present evidence concerning the complaint and to explain his/her opinions regarding such evidence.
- To receive a written notice of acceptance for settlement of the complaint and to receive the complaint‑settlement decision.
- To have infringed lawful rights and interests restored; to receive compensation for damage according to law.
- To complain for a second time or to initiate an administrative lawsuit at court in accordance with the Law on Administrative Procedures.
- To withdraw the complaint (i.e., to request the competent agency/organization/individual to terminate the processing of his/her complaint).
Obligations of complainants: The Law on Complaints provides that a complainant has the following obligations:

• To lodge the complaint with the competent authority.
• To present facts truthfully; to provide evidence as to the accuracy and reasonableness of the complaint; to provide information and documents to the complaint‑settlement authority; and to take legal responsibility for the content presented and the information and documents provided.
• To comply with the administrative decision or administrative act complained of during the complaint period, unless such decision/act is suspended according to law.
• To strictly comply with a complaint‑settlement decision that has taken legal effect.

- Other obligations as prescribed by law.
1.3. Forms of complaint
A form of complaint is the manner by which citizens exercise the right to complain to protect their lawful rights and interests.
Under Article 8 of the Law on Complaints, a complaint may be made in two forms:

• If the complaint is made in writing, the complaint must clearly state the date of the complaint; the name and address of the complainant; the name and address of the complained agency, organization, or individual; the content and reasons for the complaint; documents related to the complaint content; and the complainant’s request for settlement. The complaint must be signed or fingerprinted by the complainant.
• If the complainant lodges the complaint in person, the complaint‑receiving officer shall guide the complainant to write a complaint or shall record the complaint in writing and request the complainant to sign or fingerprint the written record, which must clearly state the date of complaint; the name and address of the complainant; the name and address of the complained agency, organization, or individual; the content and reasons for the complaint; documents related to the complaint content; and the complainant’s request for settlement.

1.4. Order for complaining about administrative decisions and administrative acts

• The statute of limitations for complaints is 90 days from the date of receipt of the administrative decision or from the date the complainant becomes aware of the administrative decision or administrative act.

The order for complaining about administrative decisions and acts is as follows:

• Where there are grounds to believe that an administrative decision or act is unlawful and directly infringes one’s lawful rights and interests, the complainant shall lodge a first‑time complaint with the person who issued the administrative decision or with the agency that has the person who committed the administrative act, or institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures. If the complainant disagrees with the first‑time settlement decision or if the complaint is not settled within the prescribed time limit, he/she may complain for a second time to the immediate superior of the person competent to settle the first‑time complaint, or institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures. If the complainant disagrees with the second‑time complaint‑settlement decision or if the complaint is not settled within the prescribed time limit, he/she may institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures.
• For administrative decisions and acts of the Chairperson of a provincial‑level People’s Committee, the complainant shall lodge the first‑time complaint with the Chairperson of the provincial‑level People’s Committee, or institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures. If the complainant disagrees with the first‑time settlement decision of the Chairperson of the provincial‑level People’s Committee or if the complaint is not settled within the prescribed time limit, he/she may complain for a second time to the line‑minister in charge of the relevant sector/field, or institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures. If the complainant disagrees with the minister’s second‑time complaint‑settlement decision or if the complaint is not settled within the prescribed time limit, he/she may institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures.
• For administrative decisions and acts of a minister, the head of a ministry‑equivalent agency, or the head of an agency under the Government, the complainant shall complain to the minister/head in question, or institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures. If the complainant disagrees with the complaint‑settlement decision of the minister/head or if the complaint is not settled within the prescribed time limit, he/she may institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures.

1.5. Competence to settle complaints
The Law on Complaints provides the competence to settle complaints as including:
(1) Chairpersons of commune‑level People’s Committees; heads of agencies under district‑level People’s Committees (Article 17).
(2) Chairpersons of district‑level People’s Committees (Article 18).
(3) Heads of agencies under departments and equivalent levels (Article 19).
(4) Directors of departments and equivalent levels (Article 20).
(5) Chairpersons of provincial‑level People’s Committees (Article 21).
(6) Heads of agencies under ministries, ministry‑level agencies, and agencies under the Government (Article 22).
(7) Ministers (Article 23).
(8) Inspector‑General of the Government (Article 24).
(9) Chief inspectors at all levels (Article 25).
(10) The Prime Minister (Article 26).
The scope of complaint‑settlement competence of the above‑mentioned persons is specified in the Law on Complaints.
1.6. Order and procedures for settling complaints
Step 1: Acceptance of the complaint for settlement.
- For first‑time complaint settlement: Within 10 days from the date of receipt of a complaint falling under his/her competence and not falling under any of the cases of non‑acceptance specified in Article 11 of the Law on Complaints, the person competent to settle the first‑time complaint shall accept the complaint for settlement and notify in writing the complainant, the agency/organization/individual competent to transfer the complaint, and the state inspectorate of the same level; if the complaint is not accepted, the reasons must be stated. The time limit for settling a first‑time complaint is no more than 30 days from the date of acceptance; for complicated cases, the time limit may be extended but not beyond 45 days from the date of acceptance. In deep‑lying, remote areas with difficult travel conditions, the time limit for settling a complaint is no more than 45 days from the date of acceptance; for complicated cases, the time limit may be extended but not beyond 60 days from the date of acceptance.
- For second‑time complaint settlement: Within 10 days from the date of receipt of a complaint falling under his/her competence and not falling under any of the cases of non‑acceptance specified in Article 11 of the Law on Complaints, the person competent to settle the second‑time complaint shall accept the complaint for settlement and notify in writing the complainant, the agency/organization/individual that transferred the complaint, and the state inspectorate of the same level; if the complaint is not accepted, the reasons must be stated. For complicated complaints, where necessary, the person competent to settle the second‑time complaint shall establish an advisory council to seek opinions for complaint settlement. The time limit for settling a second‑time complaint is no more than 45 days from the date of acceptance; for complicated cases, the time limit may be extended but not beyond 60 days from the date of acceptance. In deep‑lying, remote areas with difficult travel conditions, the time limit for settling a complaint is no more than 60 days from the date of acceptance; for complicated cases, the time limit may be extended but not beyond 70 days from the date of acceptance.
Step 2: Verification of complaint contents.
- For first‑time complaint settlement: Within the prescribed time limit, the person competent to settle the first‑time complaint shall re‑examine his/her own administrative decision/act or that of the person under his/her direct management; if the complaint is well‑founded, he/she shall issue a complaint‑settlement decision immediately. Where there are insufficient grounds to conclude on the complaint contents, he/she shall himself/herself carry out verification and make conclusions on the complaint contents, or assign the state inspectorate of the same level or another competent agency/organization/individual to verify the complaint contents and recommend complaint‑settlement measures.
- For second‑time complaint settlement: Based on the content and nature of the complaint, the person competent to settle the second‑time complaint shall himself/herself verify and conclude on the complaint contents, or assign a responsible person to verify the complaint contents and recommend settlement.
Step 3: Organizing dialogue.
- For first‑time complaint settlement: If the complainant’s requests and the verification results still differ, the complaint‑settlement authority shall organize a dialogue with the complainant, the person complained against, persons with related rights and obligations, and related agencies/organizations/individuals to clarify the complaint contents, the complainant’s requests, and the direction for settlement.
- For second‑time complaint settlement: The complaint‑settlement authority shall organize a dialogue with the complainant, the person complained against, persons with related rights and obligations, and related agencies/organizations/individuals to clarify the complaint contents, the complainant’s requests, and the direction for settlement.
Dialogue must be conducted openly and democratically. The dialogue result is one of the bases for complaint settlement.
Step 4: Issuing and sending the complaint‑settlement decision.
- For first‑time complaint settlement: The competent person must issue a complaint‑settlement decision. Where many people complain about the same content, the person competent to settle the complaint shall review and conclude on the complaint content and, based on such conclusion, issue a complaint‑settlement decision to each complainant or issue a complaint‑settlement decision attached with a list of complainants. Within three working days from the date of the complaint‑settlement decision, the first‑time complaint‑settlement authority must send the decision to the complainant, the immediate superior of the complaint‑settlement authority or the competent person, persons with related rights and obligations, the agency/organization/individual that transferred the complaint, and the state inspectorate of the same level. The first‑time complaint‑settlement decision takes legal effect after 30 days from the date of issuance if the complainant does not complain for a second time; in deep‑lying, remote areas with difficult travel conditions, the time limit may be extended but not beyond 45 days. Within 30 days from the expiry of the time limit for settlement as prescribed, if the first‑time complaint is not settled, or within 30 days from receipt of the first‑time complaint‑settlement decision if the complainant disagrees, the complainant has the right: (1) to complain to the person competent to settle the second‑time complaint (in deep‑lying, remote areas with difficult travel conditions, the time limit may be extended but not beyond 45 days); or (2) to institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures.
- For second‑time complaint settlement: The competent person must issue a second‑time complaint‑settlement decision. The second‑time complaint‑settlement decision takes legal effect after 30 days from the date of issuance; in deep‑lying, remote areas with difficult travel conditions, the time limit may be extended but not beyond 45 days. Within seven days from the date of the decision, the second‑time complaint‑settlement authority must send the decision to the complainant, the person complained against, the first‑time complaint‑settlement authority, persons with related rights and obligations, and the agency/organization/individual that transferred the complaint. If the complainant disagrees with the complaint‑settlement decision, he/she may institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures. If the second‑time complaint is not settled within the prescribed time limit or the complainant disagrees with the second‑time settlement decision, he/she may institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures.
2. Some provisions on denunciations (whistleblowing)
Denunciation is one of the fundamental rights of citizens provided by the 2018 Law on Denunciations (as amended by certain articles of the 2021 Law on Enterprises). The law provides for denunciations and settlement of denunciations of violations of law in the performance of duties and public tasks, and of other violations of law regarding state management in various sectors; protection of whistleblowers; and the responsibilities of agencies and organizations in managing the settlement of denunciations.
2.1. What is a denunciation?
A denunciation is the act of an individual, following procedures prescribed by the Law on Denunciations, of informing a competent agency, organization, or individual of a violation of law committed by any agency, organization, or individual that causes or threatens to cause damage to the interests of the State or to the lawful rights and interests of agencies, organizations, and individuals. Denunciations include: (1) denunciations of violations of law in the performance of duties and public tasks; and (2) denunciations of violations of law regarding state management in various sectors.
- Denunciations of violations of law in the performance of duties and public tasks are denunciations of violations committed by the following subjects in the performance of duties and public tasks:
+ Cadres, civil servants, and public employees; other persons assigned to perform duties and public tasks;
+ Persons who are no longer cadres, civil servants, or public employees but committed violations during the time they were such; persons who are no longer assigned to perform duties and public tasks but committed violations during the time they were assigned such duties and tasks;
+ Agencies and organizations.
- Denunciations of violations of law regarding state management in various sectors are denunciations of violations of law regarding state management in various sectors committed by any agency, organization, or individual in complying with the law, except violations in the performance of duties and public tasks.
2.2. Whistleblowers (denouncers)
A whistleblower is an individual who makes a denunciation.
Rights of whistleblowers: Under the law, a whistleblower has the following rights:
(1) To exercise the right to denounce in accordance with law;
(2) To have his/her name, address, handwriting, and other personal information kept confidential;
(3) To be informed of acceptance or non‑acceptance of the denunciation, transfer of the denunciation to a competent body for settlement, extension of the settlement time limit, suspension or temporary suspension of settlement, resumption of settlement, and conclusions on the denunciation contents;
(4) To continue denouncing when there are grounds to believe that the settlement by the competent agency/organization/individual is unlawful or when the denunciation has not been settled after the prescribed time limit;
(5) To withdraw the denunciation (withdraw a part or all of the denunciation contents before the person competent to settle the denunciation issues conclusions on the denunciation contents);
(6) To request the competent agency/organization/individual to apply measures to protect the whistleblower;
(7) To be commended and to receive compensation for damage in accordance with law.
Obligations of whistleblowers: Under the law, a whistleblower has the following obligations:

• To provide personal information as prescribed; to present the denunciation contents truthfully; and to provide information and documents relating to the denunciation that he/she possesses;
• To take legal responsibility for the denunciation contents;
• To cooperate with the person settling the denunciation upon request;
• To compensate for damage caused by his/her intentional denunciation of false information.

Protection of whistleblowers: The Law on Denunciations also provides for protection of whistleblowers. Such protection includes protecting the confidentiality of the whistleblower’s information; protecting his/her position, job, life, health, property, honor, and dignity, as well as those of the whistleblower’s spouse, biological/adoptive parents, and biological/adoptive children. A whistleblower’s personal information must be kept confidential unless the whistleblower discloses it himself/herself. Where there are grounds to believe that the whistleblower’s position, job, life, health, property, honor, or dignity are being infringed or are in immediate danger of being infringed, or that he/she is being victimized or discriminated against due to the denunciation, the person settling the denunciation or another competent agency shall, on its own or at the request of the whistleblower, decide to apply necessary protective measures.
Measures to protect whistleblowers include:
(1) Measures to protect confidentiality of information (e.g., keeping the whistleblower’s name, address, handwriting, and other personal information confidential during the collection and use of information and documents provided by the whistleblower, etc.).
(2) Measures to protect position and job (e.g., temporarily suspending or annulling part or all of a disciplinary decision or other decision that infringes the lawful rights and interests of the protected person, etc.).
(3) Measures to protect life, health, property, honor, and dignity (e.g., removal to a safe place; requesting a person who infringes or threatens to infringe upon the life, health, property, honor, or dignity of the protected person to cease the violation, etc.).
2.3. Persons complained against/denounced
The person complained against/denounced is the agency, organization, or individual whose act is denounced.
Rights of persons complained against/denounced:
+ To be informed of the denunciation contents and of any extension, suspension, temporary suspension, or resumption of the settlement of the denunciation;
+ To provide explanations and evidence proving that the denunciation contents are untrue;
+ To receive the conclusions on the denunciation contents;
+ To have lawful rights and interests ensured before the person competent to settle the denunciation issues conclusions on the denunciation contents;
+ To request the competent agency/organization/individual to handle persons who intentionally denounce falsely and those who settle denunciations unlawfully;
+ To have his/her honor restored; to have infringed lawful rights and interests restored; to receive an apology and public correction; and to receive compensation for damage caused by wrongful denunciation or wrongful settlement of denunciation;
+ To complain about the handling decision of the competent agency/organization/individual in accordance with law.
Obligations of persons complained against/denounced: Under the law, such persons have the following obligations:
+ To appear for working sessions upon request of the person settling the denunciation;
+ To explain the denounced act; to provide information and documents upon request of the competent agency/organization/individual;
+ To strictly comply with the handling decision based on the conclusions on the denunciation contents of the competent agency/organization/individual;
+ To compensate for and reimburse damage caused by his/her unlawful acts.
2.4. Competence to settle denunciations
The Law on Denunciations provides for competence to settle denunciations as follows:
- Competence to settle denunciations of violations of law in the performance of duties and public tasks in state administrative bodies (Article 13), including: Chairpersons of commune‑level People’s Committees; Chairpersons of district‑level People’s Committees; heads of specialized agencies under provincial‑level People’s Committees; Chairpersons of provincial‑level People’s Committees; Directors‑General, Directors, and equivalent levels under ministries and ministry‑level agencies; heads of agencies under the Government; ministers; heads of ministry‑level agencies; and the Prime Minister.
- Competence to settle denunciations of violations of law in the performance of duties and public tasks in the People’s Courts (Article 14), including: Chief judges of district‑level people’s courts; chief judges of provincial‑level people’s courts; chief judges of superior people’s courts; and the Chief Justice of the Supreme People’s Court.
- Competence to settle denunciations of violations of law in the performance of duties and public tasks in the People’s Procuracies (Article 15), including: Chief procurators of district‑level people’s procuracies; chief procurators of provincial‑level people’s procuracies; chief procurators of superior people’s procuracies; and the Prosecutor‑General of the Supreme People’s Procuracy.
- Competence to settle denunciations of violations of law in the performance of duties and public tasks in the State Audit Office lies with the State Auditor‑General (Article 16).
- Competence to settle denunciations of violations of law in the performance of duties and public tasks in other state bodies (Article 17), including: the Standing Committee of the National Assembly; the Standing Committee of the People’s Council; and heads of other state bodies.
- Competence to settle denunciations of violations of law in the performance of duties and public tasks in public non‑business units (Article 18), including: heads of public non‑business units; and heads of state agencies that manage public non‑business units.
- Competence to settle denunciations of violations of law in the performance of duties of persons holding titles and positions in enterprises wholly owned by the State (Article 19), including: heads of such enterprises; and heads of state agencies assigned to manage such enterprises.
- Competence to settle denunciations of violations of law in the performance of duties and public tasks in political organizations and socio‑political organizations shall be guided by the central agencies of such organizations based on the principles for determining competence (Article 20).
- Competence to settle denunciations of violations of law committed by persons assigned to perform duties and public tasks who are not cadres, civil servants, or public employees (Article 21).
The scope of settlement by the above‑mentioned competent persons is determined based on the principles for determining competence (Article 12) and other provisions of the Law on Denunciations.
2.5. Forms, order, and procedures for settling denunciations
Forms of denunciation: A denunciation may be made in writing or presented directly to a competent agency/organization.
+ In writing
+ Or presented directly
If the denunciation is made in writing, it must clearly state the date of denunciation; full name and address of the whistleblower and how to contact him/her; the denounced violation; the person complained against/denounced; and other relevant information. Where many people make a denunciation about the same contents, the written denunciation must also state the full names, addresses, and contact methods of each whistleblower, and the full name of the representative of the whistleblowers. The whistleblower must sign or fingerprint the denunciation letter.
If the whistleblower presents the denunciation directly at a competent agency/organization, the receiver shall guide the whistleblower to write a denunciation letter or shall record the denunciation contents in writing and request the whistleblower to sign or fingerprint the written record, which must state the contents as prescribed. Where many people make a denunciation about the same contents, the receiver shall guide the whistleblowers to appoint a representative to write a denunciation letter or shall record the denunciation contents in writing and request the whistleblowers to sign or fingerprint the written record.
Order and procedures for settling denunciations consist of the following steps:
+ Step 1: Acceptance of the denunciation. The person settling the denunciation shall issue a decision accepting the denunciation when all of the following conditions are met: (i) the denunciation has been received as prescribed; (ii) the whistleblower has full legal capacity; if not, there must be a representative under law; (iii) the case falls under the competence of the agency/organization/individual receiving the denunciation; and (iv) the denunciation contents provide grounds to identify the violator and the violation of law. The time limit for settling a denunciation is no more than 30 days from the date of acceptance. For complicated cases, the settlement time limit may be extended once but not beyond 30 days. For particularly complicated cases, the settlement time limit may be extended twice, each time not beyond 30 days.
+ Step 2: Verification of denunciation contents. The person settling the denunciation shall conduct verification or assign the state inspectorate of the same level or another agency/organization/individual to verify the denunciation contents. The verifier must take necessary measures to collect information and documents to clarify the denunciation contents and must facilitate the person complained against/denounced to provide explanations and evidence regarding the contents to be verified.
+ Step 3: Conclusions on the denunciation contents. Based on the denunciation contents, the explanations of the person complained against/denounced, the verification results, and relevant information and evidence, the person settling the denunciation shall issue conclusions on the denunciation contents. No later than five working days from the date of issuance of the conclusions, the person settling the denunciation shall send the conclusions to the person complained against/denounced, the managing agency/organization of such person, and related agencies/organizations/individuals; and shall notify the whistleblower of the conclusions.
+ Step 4: Handling based on the conclusions of the person settling the denunciation. No later than seven working days from the date of issuance of the conclusions, the person settling the denunciation shall, based on the conclusions, proceed as follows: If the person complained against/denounced is concluded not to have violated the law in the performance of duties and public tasks, his/her infringed lawful rights and interests shall be restored, and the person intentionally denouncing falsely shall be handled within competence or recommended to a competent agency/organization/individual for handling. If the person complained against/denounced is concluded to have violated the law in the performance of duties and public tasks, measures shall be applied within competence or recommended to a competent agency/organization/individual for handling in accordance with law. If the denounced act shows signs of a crime, the case file shall be immediately transferred to the competent investigating body or people’s procuracy for handling in accordance with law.