Decree 155/2026/ND-CP: Amendments to the Implementing Decree for the Law on Complaints
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Based on:155/2026/ND-CP - Government Official Gazette
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Decree 155/2026/ND-CP, dated May 15, 2026, amends and supplements Decree 124/2020/ND-CP, the decree that details how the Law on Complaints is implemented. The new decree introduces a formal definition of a «complex complaint case», tightens the rules for authorizing someone else to file a complaint (an individual's power-of-attorney document must now be notarized or certified), and adds a procedure for withdrawing a complaint when multiple people jointly complain about the same issue. The most notable addition is a new mechanism for temporarily or permanently suspending complaint resolution in cases of force majeure or objective obstacles (natural disasters, epidemics, accidents, seized case files, etc.), together with new provisions on applying information technology and digital transformation to complaint-handling data. The decree also tightens disciplinary responsibility for civil servants who commit violations during complaint verification or resolution, or who unlawfully interfere with a case. This is a general administrative-procedure decree that applies to any individual or organization filing a complaint against a state agency's administrative decision or act - it does not set out any tax, invoicing, customs, or labor-specific obligations for businesses. A business could use this procedure when disputing an administrative decision, but the decree itself creates no new compliance obligation for SMEs. It takes effect on July 1, 2026; the mandatory notarization requirement for individual authorization documents will itself expire on January 1, 2027.
Scope of the amendment
Decree 155/2026/ND-CP, issued by the Government on May 15, 2026, amends and supplements a number of articles of Decree 124/2020/ND-CP, which details the implementation of the Law on Complaints. The decree was issued to align with the Law on Organization of the Government No. 63/2025/QH15 and the Law Amending the Law on Reception of Citizens, the Law on Complaints, and the Law on Denunciations No. 136/2025/QH15.
Complex complaint cases (new Article 3a)
For the first time, the decree defines a «complex complaint case». This includes cases requiring verification at two or more locations; cases with two or more issues requiring verification; cases where multiple people jointly complain about the same issue; cases involving a foreign element; cases involving the responsibilities of multiple agencies; cases where relevant agencies hold differing opinions; or cases with conflicting evidence requiring time to verify. A finding that a case is complex must be documented in writing and kept in the case file.
Authorization to file a complaint (Article 5)
An individual's power-of-attorney document authorizing someone else to file a complaint on their behalf must be notarized or certified. An organization's authorization document must be signed by an authorized person and bear the organization's seal, if any. A complainant may authorize different people for different matters, but may not authorize the same matter to multiple people.
Withdrawing a complaint in multi-complainant cases (new Article 7a)
When multiple people jointly file a complaint about the same issue and some of them withdraw, resolution continues for the remaining complainants. If all complainants withdraw, the resolving authority issues a decision to terminate resolution of the case.
Handling group complaints at the commune level (Article 8)
Commune-level People's Committee chairpersons must assign staff to receive complainant representatives, coordinate with the Fatherland Front when necessary, direct commune police to maintain public order, and guide complainants to comply with the law.
Accepting a complaint for resolution (Article 16)
Within 7 working days of receiving a complaint that meets the conditions for acceptance, the competent authority must accept it for resolution. For group complaints filed through a representative, acceptance requires that the complaint carry all complainants' signatures and a valid document appointing the representative.
Organizing a dialogue (Article 28)
Notice of a dialogue session must be sent at least 5 days in advance. For second-instance complaints, a resolving authority who is the head of a specialized agency or other administrative body under the provincial People's Committee must personally conduct the dialogue with the complainant. A resolving authority who is a Minister, the head of a ministerial-level agency, or a provincial People's Committee Chairperson must personally conduct the dialogue in specific circumstances: multiple joint complainants, differing opinions among agencies, a complainant behaving aggressively, significant public attention, or a case affecting security and public order; in other cases, they may assign a deputy or the head of a specialized agency to conduct the dialogue instead. The dialogue minutes must follow the prescribed form and be made in at least three copies.
Suspending or terminating complaint resolution (new Articles 28a, 28b)
This is the decree's most significant new addition. Where a force majeure event (natural disaster, epidemic, war, etc.) or an objective obstacle (accident, illness, seized case files, etc.) prevents a complainant from exercising their rights or obligations, the resolving authority issues a decision to temporarily suspend or terminate resolution using the prescribed form, sent within 3 working days. Once the grounds for suspension no longer exist, the authority must promptly issue a decision to resume resolution; the resolution deadline is recalculated from the date that decision is issued.
Applying information technology (new Article 30a)
Competent agencies must apply information technology and digital transformation to update, manage, and connect complaint-resolution data on the National Database on Citizen Reception, Document Processing, and Complaint/Denunciation Resolution, while ensuring cybersecurity and personal data protection.
Disciplinary handling of violations (Articles 38-41a)
The decree sets out detailed disciplinary levels (reprimand, warning, dismissal, forced resignation/removal) for verification staff or resolving officials who harass complainants, shield the party being complained against, falsify case files, or issue unlawful resolution decisions. Anyone who unlawfully interferes with complaint resolution is also subject to discipline ranging from reprimand to warning.
Employee complaints (Article 43)
Complaints by employees of state-owned enterprises or public non-business units concerning labor, vocational education, sending Vietnamese workers abroad, employment, occupational safety, or social insurance are handled under the relevant specialized law together with the Law on Complaints.
Forms and effective date
The decree replaces Forms 01-04 and 14, and adds new Forms 14a (decision to suspend/terminate resolution) and 14b (decision to resume resolution). It takes effect on July 1, 2026. The mandatory notarization requirement for an individual's authorization document (Article 3) will itself expire on January 1, 2027. Cases already accepted before the effective date but not yet resolved will apply the new rules on withdrawal, suspension, termination, and dialogue.