Vietnam: Complaint-handling decision

The complaint-handling decision is specified in Decree No. 24/2018/NĐ-CP of Vietnam’s Government as follows:

Effect of a complaint handling decision

The first-time complaint handling decision shall come into effect:

- 30 days after the date on which it is made if the complainant does not file the second-time complaint or bring a lawsuit in court; or

- 45 days after the date on which it is made if the complaint arises in a remote and isolated area and the complainant does not file the second-time complaint or bring a lawsuit in court as prescribed.

The second-time complaint handling decision shall come into effect:

- 30 days after the date on which it is made if the complainant does not file a lawsuit in court as prescribed or the defendant does not bring a lawsuit in court; or

- 45 days after the date on which it is made if the complaint arises in a remote and isolated area and the complainant does not bring a lawsuit in court.

The complaint handling decision must be implemented immediately after it comes into effect.

Persons bearing duties to implement an effective complaint handling decision

- The complaint handler.

- The complainant.

- The defendant.

- Persons having related rights and duties.

- Relevant authorities, organizations and individuals.

Implementation of an effective complaint handling decision

The complaint handler shall, within the ambit of his/her duties and powers, instruct authorities/organizations/individuals under his/her management to organize the implementation of an effective complaint handling decision; request competent authorities to adopt measures for ensuring the implementation of that effective complaint handling decision, where necessary; put in responsibility and adequacy; organize the implementation or take charge and cooperate with authorities/organizations that may concern to implement measures for restoring legitimate rights and interests for the complainant; request other authorities/organizations to settle issues concerning the implementation of the complaint handling decision (if any).

Within the scope of duties and powers, relevant authorities/organizations/individuals shall comply with decisions by competent authorities on implementation of an effective complaint handling decision; cooperate with competent authorities/organizations/individuals to organize the implementation of an effective complaint handling decision as requested.

Decree No. 24/2018/NĐ-CP of Vietnam’s Government takes effect from April 15, 2018.

-Thao Uyen-

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