What should be done if the complainant disagrees with the suspension decision?

Khanh Hoa Delegation — Delegates of Khanh Hoa delegation attended the discussion session in Group 4 on the afternoon of November 11.

On the afternoon of November 11, while giving opinions on the Draft Law amending and supplementing a number of articles of the Law on Citizen Reception, the Law on Complaints, and the Law on Denunciations, the delegates discussing in Group 4 (including the National Assembly Delegation of Khanh Hoa, Lai Chau , and Lao Cai provinces) all agreed on the necessity of promulgating the Law.

According to Clause 1, Article 11a on temporary suspension and suspension of complaint settlement, it is stipulated: The person with authority to settle complaints shall temporarily suspend the settlement of complaints in cases where force majeure or other objective obstacles prevent the complainant or the person complained from continuing to participate in the complaint settlement process and their absence affects the complaint settlement.

National Assembly Delegate Sung A Lenh (Lao Cai) speaks. — National Assembly Delegate Sung A Lenh ( Lao Cai ) speaks

National Assembly Delegate Sung A Lenh (Lao Cai) said that this regulation is necessary to ensure flexibility in the complaint settlement process.

However, to ensure the consistency and feasibility of the regulations in practice, delegates proposed to study specific regulations for the phrases "force majeure" and "other objective obstacles", and apply them consistently in practice, avoiding the case where each locality applies the situation to different conditions.

This opinion received the agreement of National Assembly member Dang Thi My Huong (Khanh Hoa). According to the delegate, clear regulations will create transparency in legal regulations and avoid abuse.

Also in Article 11a, Clause 3 stipulates: The decision to temporarily suspend or suspend the settlement of complaints must clearly state the reasons and legal basis and be sent to the complainant, the complained person and relevant agencies, organizations and individuals.

Agreeing with this regulation, however, delegate Dang Thi My Huong proposed adding a regulation on how long after the decision is made, the decision must be sent?

“In case the complainant does not agree with the suspension decision, how will it be handled?”. Asking such a question, the delegate suggested that it is necessary to study and supplement this regulation to ensure a handling mechanism.

In addition, according to the delegate, it is necessary to review and clearly stipulate the responsibilities and the competent authority to review the suspension decision when the complainant disagrees with the decision; and stipulate the time limit for reviewing the suspension decision to avoid delays in resolving complaints.

Adding these regulations aims to ensure the transparency of the legal system, delegate Dang Thi My Huong emphasized.

Clause 14 amends and supplements Clause 3, Article 63 of the Law on Complaints, which stipulates: The Inspectorate of the Ministry of National Defense, the Inspectorate of the Ministry of Public Security, the Inspectorate of the State Bank , and the Inspectorate of provinces and centrally run cities are responsible for assisting the Head of the State management agency at the same level in managing the work of handling complaints within the scope of management of their agency .

Through review, delegate Sung A Lenh informed that there is also a Cryptographic Inspectorate; an inspection agency established under an international treaty of which the Socialist Republic of Vietnam is a member. Therefore, the delegate suggested research and consideration to add more.

National Assembly Delegate Le Xuan Than (Khanh Hoa) speaks

National Assembly Deputy Le Xuan Than (Khanh Hoa) informed that currently, legal aid services and practice of lawyers and jurists are of interest to people and businesses. In many cases, lawyers participate as legal representatives, under the authorization of the litigant.

Therefore, the Law on Citizen Reception, the Law on Complaints, and the Law on Denunciations need to design a provision that: people who need to register for citizen reception, complainants, and denouncers have the right to ask for help and advice from lawyers, to participate in dialogue and present before competent authorities.

"Such regulations not only ensure compliance with the law but also help people feel more confident and behave more lawfully; when lawyers participate in providing legal aid, administrative agencies and competent authorities also feel more secure because they have legal support," said delegate Le Xuan Than.

Source: https://daibieunhandan.vn/nguoi-khieu-nai-khong-dong-y-voi-quyet-dinh-dinh-chi-thi-xu-ly-the-nao-10395293.html