Does authorization of complaint have to be certified or notarized in Vietnam? In what cases is the second complaint made in Vietnam?

1. Does authorization of complaint have to be certified or notarized in Vietnam?

In Article 5 of Decree 124/2020/ND-CP stipulating representative of complainant, specifically as follows:

1. The complainant may, on their own or authorizing a lawyer, legal aid provider or another person with full legal capacity, file a complaint. If the complainant is a minor or legally incapacitated person, his/her legal representative shall file a complaint. The representative shall be determined as per civil law.

2. Corporate shall file a complaint through their legal representatives. The representative of the corporate may authorize a lawyer or another person with full legal capacity to file a complaint.

3. The authorization mentioned in clause 1, clause 2 of this Article must be made in writing and certified or notarized. The principal (in the letter of authorization) may authorize the complaining right to one or more authorized people with respect to varied contents of authorization but may not authorize the same content of authorization to multiple authorized people. The letter of authorization is made in accordance with Form No. 02 hereto appended.

4. If the complainant, while pursuing the complaint, dies with an heir of his/her rights and obligations as per the law, the heir may have the complaining right; the heir, upon filing the complaint, has to provide proof of right of inheritance for the complaint-handling bodies. The complainant may, on their own or authorizing a lawyer, legal aid provider or another person with full legal capacity, file a complaint. In case of multiple heirs, they may authorize another heir, a lawyer, legal aid provider or another person with full legal capacity to file a complaint.

Thus, Mrs. B can make a complaint by herself or authorize someone else to make a complaint but must be made in writing and certified or notarized in Vietnam.

2. In what cases is the second complaint made in Vietnam?

According to Article 4 of Decree 124/2020/ND-CP stipulating the second complaint, specifically as follows:

1. Within 30 days after expiry of complaint-handling time limit as specified in Article 28 of the Law on Complaints, if the first complaint remains unresolved or the complainant, after receiving the decision on first complaint handling, does not feel the complaint has been settled to his/her satisfaction, he/she may file the second complaint to the second complaint-handling person; regarding remote and isolated areas, the time limit may extend but not longer than 45 days.

If making the second complaint, the complainant shall file the second complaint together with the decision on first complaint handling, and supporting documents to the second complaint-handling person.

2. Upon expiry of the given time limit, if the first complaint remains unresolved, the complainant may file the second complaint with the second complaint-handling person, stating reasons and enclosing supporting documents of the complaint. The second complaint-handling person shall accept the complaint and proceed the procedures for handling of second complaint. The decision made by this person in this case is the decision on second complaint handling.

3. The second complaint-handling person shall take actions against the first complaint-handling person if finding any violation of law.

According to this Article, when the first complaint remains unresolved or the complainant in Vietnam, after receiving the decision on first complaint handling, does not feel the complaint has been settled to his/her satisfaction, he/she may file the second complaint to the second complaint-handling person.

Best Regards!