1. Applicable Legal Grounds
The rights to lodge complaints, denunciations, recommendations, and feedback are constitutionally guaranteed and directly regulated by the following legal instruments:
- The 2013 Constitution: Article 30 provides for the right of individuals and organizations to lodge complaints and denunciations against unlawful acts of competent authorities, organizations, and individuals.
- The Law on Complaints 2011 (as amended and supplemented): Regulates the order and procedures for resolving complaints concerning administrative decisions, administrative acts, and disciplinary decisions against officials and public employees.
- The Law on Denunciations 2018 (as amended and supplemented): Regulates the rights and obligations of denunciators, the competence of authorities, and procedures for resolving denunciations concerning violations of law in the performance of duties and official functions, as well as violations of laws on state management.
- The Law on Reception of Citizens 2013: Regulates the responsibilities of competent authorities in receiving citizens, as well as the rights and obligations of persons lodging complaints, denunciations, recommendations, and feedback.
- Circular No. 05/2021/TT-TTCP issued by the Government Inspectorate: Regulates the procedures for processing complaints, denunciations, recommendations, and feedback submissions.
2. Legal Nature of Each Mechanism
2.1. Complaints
- Definition (Clause 1, Article 2 of the Law on Complaints 2011):
A complaint is a request made by a citizen, agency, organization, official, or public employee to a competent authority, organization, or individual to reconsider an administrative decision, administrative act, or disciplinary decision against an official or public employee where there are grounds to believe that such decision or act is unlawful and directly infringes upon the lawful rights and interests of the complainant. - Purpose:
To restore the lawful rights and interests of the complainant that have been infringed upon. Examples include requesting the cancellation of an unlawful land recovery decision, revocation of an administrative penalty decision, or compensation for damages. - Eligible complainants:
Persons directly affected by an administrative decision or administrative act, including citizens, organizations, officials, and public employees.
2.2. Denunciations
- Definition (Clause 1, Article 2 of the Law on Denunciations 2018):
A denunciation is the act whereby an individual reports to a competent authority, organization, or individual any unlawful act committed by an agency, organization, or individual that causes or threatens to cause harm to the interests of the State or the lawful rights and interests of another agency, organization, or individual. - Types of denunciations:
- Denunciations of violations of law in the performance of duties and official functions:
These may include abuse of power, harassment, corruption, or bribery committed by officials, public employees, or other persons performing official duties. - Denunciations of violations of laws on state management:
These concern unlawful acts committed by organizations or individuals in various fields, such as tax evasion, smuggling, environmental pollution, and other violations.
- Denunciations of violations of law in the performance of duties and official functions:
- Purpose:
To protect the common interests of the State, society, and community, and to ensure that persons committing violations are dealt with in accordance with law. - Eligible denunciators:
Only individuals (citizens) have the right to lodge denunciations. Vietnamese law does not grant agencies or organizations the statutory right to lodge denunciations.
2.3. Recommendations and Feedback
- Definition (Clause 2, Article 2 of the Law on Reception of Citizens 2013):
Recommendations and feedback refer to the act whereby citizens provide information, express opinions and aspirations, or propose solutions to competent authorities, organizations, units, or individuals regarding matters relating to the implementation of guidelines, policies, laws, or the management of social affairs. - Purpose:
To provide comments, identify shortcomings, and propose improvements to mechanisms and policies or enhance the effectiveness of public services. Examples include reporting malfunctioning streetlights, raising concerns about cumbersome administrative procedures, or proposing the expansion of a bus route. - Key characteristic:
There is not necessarily a specific unlawful act that has directly caused actual harm to the rights or lawful interests of the person submitting the recommendation or feedback.
3. Common Mistakes and Practical Legal Risks to Avoid
3.1. “Mischaracterizing the Legal Nature” – Using a Denunciation Instead of a Complaint
- Common practice:
Many individuals who have been subject to administrative penalties or land recovery decisions choose to submit a “Denunciation against the Chairman of the People’s Committee” instead of lodging a complaint, in the belief that the matter will be handled more quickly or that such denunciation will place greater pressure on the relevant officials. - Legal consequences:
Pursuant to Clause 2, Article 6 of Circular No. 05/2021/TT-TTCP, where a submission is titled a “denunciation” but its substance is in fact a complaint against an administrative decision, the receiving authority will process the submission in accordance with the procedures for settlement of complaints.
However, if the processing or transfer of the submission causes the matter to extend beyond the 90-day statutory time limit for lodging a complaint under the Law on Complaints, the complainant may face the risk that the complaint will not be accepted for settlement due to expiry of the statutory time limit.
3.2. Legal Risks of Intentionally Making False Denunciations
The right to lodge denunciations is accompanied by strict legal responsibilities. Pursuant to Articles 8 and 65 of the Law on Denunciations 2018:
- A person who intentionally makes a false denunciation, coerces or incites another person to make a false denunciation, or infringes upon the reputation of another person may be subject to disciplinary measures or administrative sanctions.
- Where serious consequences arise, a person making a false denunciation may face criminal prosecution for the crime of Slander under Article 156 of the 2015 Penal Code, with imprisonment of up to 01 to 07 years depending on the applicable circumstances, and may also be required to compensate the aggrieved party for civil damages.
3.3. Submitting a “Mixed” Petition Containing Complaints, Denunciations, and Feedback
Pursuant to Article 25 of the Law on Reception of Citizens 2013, where a single submission contains both complaint and denunciation matters, as well as recommendations or feedback, the citizen reception officer will guide the submitter to prepare separate submissions and send each to the competent authority for proper handling.
Submitting all matters in a single petition may result in the case being delayed or the submission being referred to the appropriate authority before it can be properly processed.
Accordingly, correctly identifying the legal nature of the matter before preparing and submitting a petition is essential. A complaint, denunciation, and recommendation or feedback serve different legal purposes, are subject to different procedures, and may be handled by different competent authorities. Misclassifying the nature of a submission may therefore result in delays, procedural complications, or, in certain circumstances, the loss of an individual’s right to have the matter considered and resolved.
CONTACT LEGAL CONSULTANT:
TLA Law is a leading law firm with a team of highly experienced lawyers specializing in criminal, civil, corporate, marriage and family law, and more. We are committed to providing comprehensive legal support and answering all your legal questions. If you have any further questions, please do not hesitate to contact us.
1. Lawyer Vu Thi Phuong Thanh, Ha Noi Bar Association
Email: vtpthanh@tlalaw.vn
2. Lawyer Tran My Le, Ha Noi Bar Association
Email: tmle@tlalaw.vn
Nguyen Thuy Duong