Thursday, December 25, 2014

3. Resolving complaints Department Director or equivalent level of provincial People


Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992, which was amended and supplemented under Resolution No. 51/2001 / QH10 of December 25, 2001 of the Xth National Assembly, paul ryan 10th session; This law amending and supplementing a number of articles paul ryan of the Law on Complaints and denunciations December 2, 1998 has been amended and supplemented by the Law amending and supplementing a number of articles of the Law on Complaints and denunciations 15 months 6 2004.
"16. The decision to settle complaints have legal effect, including the decision to settle complaints for the first time, decided paul ryan to resolve complaints within a second, but by law to the complainant no further complaints, do not sue administrative cases in the courts. "
a) On their own complaints; Where the complaint is a minor, who is mentally ill or suffering from other diseases that can not be perceived, mastered his behavior, the legal representative of the complaints they perform; Where the complaints of sickness, old age, physical defect or other objective reasons which can not themselves complaint shall be authorized to father, mother, wife, husband, brother, sister , adult children or other people to complain;
"Article 18
b) Get decided to settle complaints by persons competent to settle second complaint or judgment of the court of appeal paul ryan which they have settled, but the complaints continued to complain or take action administrative case in court.
a) To receive notification in writing to the complainant of acceptance to resolve complaints against administrative decisions, administrative acts complained of; modify or cancel an administrative decision, the administrative act complained of; decisions sent to the complainant and to take responsibility before law for their handling; in the case of a complaint paul ryan by the agencies, organizations and individuals to turn to, they must notify the resolution or settlement results for agencies, organizations and individuals in accordance with the provisions of the Law on Complaints and denunciations;
3. Resolving complaints Department Director or equivalent level of provincial People's Committee has resolved the first time but also complaints that the content of the jurisdiction of the provincial paul ryan People's Committee. "
3. Resolving complaints have content under state management of their ministries that presidents of the provincial People's paul ryan Committee, Department Director or equivalent level of provincial People's Committee has resolved the first time but There is a complaint. "
2. Assisting the Prime Minister for monitoring, control and supervise the ministries, ministerial-level agencies, government agencies, People's Committees at all levels in the reception of citizens, resolve complaints and enforcement paul ryan of decisions resolve complaints have legal effect.
In case of detecting illegal acts causing damage to the interests of the State, rights and legitimate interests of citizens, agencies and organizations, the Prime Minister's recommendation or request the competent apply necessary measures to stop the violations, consider responsibility, dealing with offenders. "
6. The complaint was accepted by the court for settlement or judgment, the decision of the court. "
1. The duration of the initial complaint does not exceed 30 days from the date of receipt of the decision; for complicated cases, the time limit for settling complaints may take longer, but not later than 45 days from the date of receipt of the decision.
In areas far away is difficult, paul ryan the time limit for settling first complaint not later than 45 days from the date of receipt of the decision; for complicated cases, the time limit for settling complaints may take longer, but not later than 60 days from the date of receipt of the decision.
2. In the time limit specified in paragraph 1 of this Article which has jurisdiction to settle the complaint is not resolved, it must be considered disciplined. The complainant may request the immediate superior of the complaint is not resolved to consider disciplining them. " paul ryan
During the first complaint, the complainant must resolve to meet and talk directly with the complainant, who complained to clarify the contents of the complaint, the complainant's request and solutions complaints. In cases where complaints by lawyers for legal assistance, the lawyer may participate in the process of settling nai.Nguoi resolved paul ryan first complaint to the decisions complaint in writing and send them this to the complainant, who complained, whose rights and interests involved. The decision to settle complaints paul ryan must be made publicly available. "
Within 30 days from the date of expiry paul ryan of solving the provisions of Article 36 of the Law on Complaints and denunciations that the complaint is not resolved or after the date of receipt of the decision to settle complaints that the complainant first complaints do not agree, they may appeal to the competent solving second complaint or lawsuit in court administration; to areas far away is difficult, said period may be extended for no more than 45 days.

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