The right to complain and denounce are basic rights of citizens recognized and guaranteed by the Constitution and the law. However, the essence of these two words is completely different. So how to understand what is a complaint, what is a denunciation and which cases to use complaints, which cases to use denunciations?
Definition of Complaints and Denunciations
According to Clause 1, Article 2 of the 2018 Law on Denunciations, “Denunciation is an individual’s reporting, according to the procedures prescribed in this Law, to a competent agency, organization or individual of any illegal act of any any agency, organization or individual that causes damage or threatens to cause damage to the interests of the State, the lawful rights and interests of agencies, organizations and individuals, including Denunciation of violations violate the law in the performance of tasks and official duties; To denounce acts of violating the law on state management in various fields”.
According to Clause 1, Article 2 of the Law on Complaints 2011: “A complaint is a request by a citizen, agency, organization or official, according to the procedures prescribed by this Law, to request an agency, organization or individual to request an agency, organization or individual according to the procedures prescribed by this Law. have the authority to review administrative decisions and administrative acts of state administrative agencies, competent persons in state administrative agencies or decide to discipline cadres and civil servants when there are grounds for that such decision or behavior is against the law, infringes upon his/her legitimate rights and interests”.
Distinguishing complaints from denunciations
Firstly, on the subject of complaints and denunciations. Complaints recorded in the law are citizens, agencies, organizations or officials and public employees who are directly affected by administrative decisions, administrative acts, cadre disciplinary decisions, officer. The subject of the denunciation is a citizen.
Second, about the subject of complaints and denunciations. The complained subject is a state administrative agency or a competent person in a state administrative agency whose administrative decision or administrative act is complained about; competent agencies, organizations, and individuals have decisions to discipline the complained cadres and civil servants. As for the denunciation, the subject of the accusation is any individual, agency, or organization that commits violations of the law.
Third, about the object of complaints and denunciations. The Law on Complaints stipulates that the objects of complaint are administrative decisions and administrative acts of state administrative agencies, competent persons in state administrative agencies or decisions to discipline officials, civil servants of agencies, organizations and individuals competent to issue disciplinary decisions. As for the regulations on the object of denunciation, it is the illegal acts of any agency, organization or individual that cause damage or threaten to cause damage to the interests of the State, the legitimate rights and interests of the State. law of citizens, agencies and organizations. Including violations of the law by cadres, civil servants and public employees in the performance of their official duties and tasks and violations of the law on state management in various fields.
Fourth, on the applicable case of complaints and denunciations. When the complainant has grounds to believe that an administrative decision or administrative act is illegal and directly infringes upon his/her legitimate rights and interests (himself), he/she may exercise his/her right to complain. The right to denounce shall be used in cases when the denouncer knows about the illegal acts of any agency or organization that cause damage or threaten to cause damage to the interests of the State, the rights and interests of the State. legitimate interests of citizens, agencies and organizations.
Fifth, about the agency competent to settle. For complaints, the agency competent to directly issue decisions or administrative acts or the competent authority of the immediate superior of the decision-making body or administrative act will be the competent agency to settle complaints. complaint requests. As for the denunciation of law violations in the performance of duties and public duties by cadres, civil servants and public employees, the heads of competent agencies or organizations manage cadres and civil servants, The handling officer has the authority to accept and settle or an intermediary agency such as another organization, the press agency can receive the complaint and request a denunciation and transfer it to the competent agency to accept and resolve the complaint decide.
Sixth, about the statute of limitations for settlement. The statute of limitations for filing a complaint is 90 days from the date of receipt of the administrative decision or knowledge of the administrative decision or act. For a decision on disciplinary action against a cadre or civil servant, the statute of limitations for the first-time complaint is 15 days from the date of receipt of the decision and the second-time complaint is 10 days from the date the cadre or civil servant receives the settlement decision. first complaint. As for the disciplinary decision on dismissal, the statute of limitations for making a second complaint is 30 days from the date the cadre or civil servant receives the first complaint settlement decision. In case the complainant is unable to exercise the right to lodge a complaint according to the statute of limitations due to illness, natural disaster, enemy sabotage, business trip, study in remote places or other objective obstacles, the time of such obstacle does not include the statute of limitations for appeal. With a denunciation, there is no statute of limitations.
Seventh, about the withdrawal. The Law on Complaints stipulates that the complainant can withdraw the complaint at any time during the complaint and complaint settlement process and at the same time, the competent agency shall suspend the settlement when the complainant withdraws the complaint. In the Law on Denunciations, the denouncer has the right to withdraw the entire denunciation or part of it before the denunciation settler makes a conclusion on the denunciation, and the denunciation must be withdrawn in writing. copy. State agencies shall continue to handle denunciations if there are grounds to believe that the denounced act shows signs of violating the law, or the denouncer has been intimidated or bribed.
In summary, in essence, the complaint represents the relationship between the State and citizens (agencies, organizations) in which the complainant is directly affected by the administrative decisions and acts of the administrative agencies. the state itself, the competent person in a state agency. The nature of denunciation is an act of an individual to protect and prevent the possibility of violating the interests of the State, the legitimate rights and interests of citizens, agencies and organizations. However, it must also be seen that in practice, the distinction between complaints and denunciations is not an easy task even for those who often have to deal with letters or received cases. The complexity can be caused by many reasons: Because the provisions of the law are not very clear; due to the confusion between the claim and the allegation, whether intentionally or not, by the applicant.
The above is a consulting article on “Distinction on Complaints and Denunciations” of Apra Law Firm. If you still have questions about the above issues and need to be answered, please contact the hotline for advice and support.
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