How other reports denounce?



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The object of the complaint is administrative decisions; The object of the charge is illegal behavior.

Complaints and denunciations are all basic rights of citizens registered in the 2013 Constitution.

Complaints and denunciations are different in the following basic points

– Concept:

Complaints are the solicitation of citizens, agencies, organizations or public officials and public officials to agencies, organizations and individuals competent to review administrative decisions and administrative acts of state administrative agencies. , persons competent in state administrative bodies, persons competent in state administrative bodies or disciplinary decisions of public officials when they have reason to believe that such decisions or acts are illegal. laws, infringing their legal rights and interests (Clause 1, Article 2 of the 2011 Claims Act).

The denunciation is that individuals notify the competent bodies, organizations and individuals of the acts of violation of the law of any agency, organization or individual that causes harm or threatens to cause harm to their interests. Benefits of the State, legitimate rights and interests of agencies, organizations and individuals (Clause 1, Article 2 of the Denunciation Act 2018).

– Exercise of rights:

Citizens, agencies and organizations have the right to complain; and the denunciations are only private.

– The object of the complaint is administrative decisions, administrative acts and disciplinary decisions.

The object of the complaint is the violation of the law of any agency, organization or individual.

– Rights and obligations of implementing entities:

Complainants may or may authorize others to file complaints with competent bodies to resolve complaints and may withdraw complaints. The claimant has the right to appeal a second time or initiate a lawsuit when he disagrees with the decision to resolve the claim without having to have reason to believe that the resolution of the claim is not in accordance with the law.

Complainants shall not authorize other persons to personally report acts of violation of law to any state management agency; you must not withdraw accusations and assume responsibility before the law for your denunciations. Complaints can only be made when there is reason to believe that the resolution of the complaint by the competent bodies, organizations or individuals is not in accordance with the law or the prescribed period has not been established.

– Jurisdiction:

Agencies or persons competent to resolve complaints for the first time are agencies with persons who commit administrative acts or persons who have made administrative decisions. In case the complainant does not agree with the decision to resolve the complaint for the first time or if the time for the complaint is not resolved, the complainant may file a second complaint with the immediate superior of the competent person. decide on complaints for the first time or initiate administrative proceedings before the courts.

What authority does the state's management agency have jurisdiction to resolve complaints under the agency's function? If the state managing body has received the complaint, but considers that it is not under the jurisdiction of its agency, the request will be forwarded to the competent body for settlement and notification to the complainant.

Lawyer, Master Pham Thanh Binh
Bao Ngoc Law Company, Hanoi

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