MINISTRY OF HOME AFFAIRS
SOCIALIST REPUBLICOF VIETNAM Independence - Freedom– Happiness
No: 01/2006/TT- BNV
Hanoi, January 13th 2006
DETAIL GUIDANCE ON SETTLING THE COMPLAINTS TO AGAINST THE DISCIPLINEDDECISION OF CIVIL SERVANTS IN STATE-RUN ADMINISTRATIVE AGENCIES
Pursuant to the Law on Complaint and Denunciation dated December 2nd 1998 and the Law on Revised and Supplementary several Articles of Law on Complaint and Denunciation dated June 15th 2004.
Pursuant to the Ordinance on Civil Servants and Officials and the implementing guidance documents.
Pursuant to the Article 35 of the Decree No 53/2005/N§-CP dated April 19th 2005 of the Government.
The Ministry of Interior guides particularly to settle the complaint to against the disciplined decision of civil servants in the state-run administrative agencies (after-here shorted the complaint settlement) as bellows:
I- THE GENERAL PROVISIONS:
1. The Circular guides particularly to settle the complaint against the disciplined decision of civil servants in the state-run administrative agencies
The objects of the Circular include: the people who are employed and appointed in one of scales of civil servant, or assigned a permanent duty in state-run agencies in central, province, and district levels; or civil servant who are recruited and entrusted a specialized function in the commune people's committee, which are regulated at Point c and h of Item 1, Article 1 of the Ordinance on State Cadre and Civil Servant issued 1998, revised and supplemented in 2003.
2. Which company issues the disciplined decision, this very company has jurisdiction and responsibility to settle the complaint of it; in the case of the civil servants continue to appeal, the direct higher echelon agency have to solve it.
3. The settlement have to ensure the objective, democratic principles, and under the laws.
4. In the settlement process, the authorized agencies, who settle the complaint, have to hold the first meeting with the complainant, or his representative, or person with related rights and obligations (if necessary), to make a dialogue directly to clear the complaint content, requirements of the complainant, and giving the solving aspects. The meeting has to be held publicly and democratically.
For the second settlement, the meeting for direct conversation is only held when it is necessary. In the complicated, long lasting case or it appears more new details, which make a major change in content of the case, the second meeting will have to be held by the authorized agency to make clearly all details.
The complainants have the right to give his power to his legal representative to take part in the meeting and conversation.
5. The civil servants made the complaint must have enough acting ability in accordance with the law 's regulations.
If the complainants suffer a mental disease, or other illnesses, which are considered as unconscious or uncontrollable mind by the jurisdictional health agencies, they will have to make their complaint through legal representative. And if the civil servants are being ill or suffering a physical loss, and not enough health to implement their right to make a complaint, they are also entitled to authorize to their legal representatives.
a. The prescription for the first complaint is 15 days, from date the civil servants receive their disciplined decision.
b. The prescription for the second complaint is 10 days, from date the civil servants receive the first settlement decision.
The prescription for the second complaint of disciplined decision which force them to quit their jobs, or for starting a lawsuit in administrative court, is 30 days, from date the civil servant receives the first settlement decision.
c. In the case of civil servants meet some obstacles in their health, on their business, their study, or meet disasters, or other objective barriers, and they are unable to make their complaint in regulated prescription, so the time for obstacle will not be counted in the legal prescription for complaint.