1. Updates on New Points in Decree No. 155/2026/ND-CP on the Law on Complaints

- Clear and Specific Criteria for Identifying Complex Cases: The new Decree supplements a clear set of quantitative and qualitative criteria to identify a complex complaint case. Notably, the determination of a complex case must be documented in writing and retained in the complaint resolution dossier as a legal basis. (Legal basis: Clause 1, Clause 2, Article 3a of Decree No. 124/2020/ND-CP (supplemented by Article 2 of Decree No. 155/2026/ND-CP))

- Flexible Complaint Withdrawal Mechanism for Group Complaints: Details the handling procedure when an individual withdraws their complaint in cases involving multiple individuals lodging a joint complaint regarding the same content. This mechanism separates rights and obligations, ensuring no disruption to the resolution process for remaining complainants, while terminating the complaint rights of the individual who voluntarily withdrew. (Legal basis: Clause 1, Clause 2, Article 7a of Decree No. 124/2020/ND-CP (supplemented by Article 5 of Decree No. 155/2026/ND-CP))

- Tightening Responsibility for Direct Second Dialogue of Heads at All Levels: Imposes strict regulations on conducting second direct dialogues. Provincial leaders and Ministers are strictly prohibited from delegating authority to deputies to conduct dialogues in complex, intense cases, those of high public concern, or those affecting security and order, aiming to resolve administrative disputes thoroughly. (Legal basis: Point a, Point b, Clause 2, Article 28 of Decree No. 124/2020/ND-CP (amended and supplemented by Article 11 of Decree No. 155/2026/ND-CP))

- Comprehensive Digital Transformation and Interconnected National Data: State authorities are required to apply information technology to connect and share data, and to update the entire processing progress in a timely manner onto the centralized national database system. (Legal basis: Clause 1, Clause 2, Article 30a of Decree No. 124/2020/ND-CP (supplemented by Article 13 of Decree No. 155/2026/ND-CP))

- Updated Strict Disciplinary Measures for Non-Compliant Officials: Establishes disciplinary sanctions ranging from Reprimand, Warning, and Demotion/Dismissal to Forced Resignation against verifying officers or complaint resolvers who engage in harassment, cover-ups, or intentional falsification of case dossiers. (Legal basis: Clause 1, Clause 2, Article 40 of Decree No. 124/2020/ND-CP (amended and supplemented by Article 16 of Decree No. 155/2026/ND-CP))

2. Major Impacts

- Decree No. 155/2026/ND-CP brings immense practical impacts to the business community, particularly real estate and infrastructure project developers frequently facing land acquisition and site clearance compensation disputes.

- The new regulations maximize transparency in the administrative complaint resolution process, eliminating instances where subordinate officials intentionally cover up violations or groundlessly prolong processing times. Standardizing the criteria for "complex cases" in written form within dossiers enables enterprises to easily monitor the legal compliance of inspection authorities. Furthermore, digitizing all data onto the National Database allows enterprises to closely track dossier progress, thereby minimizing uncertainty in project planning and execution timelines.

3. Non-Compliance Risks

- Risk of Project Stagnation Due to Prolonged Complaint Resolution: If enterprises fail to coordinate with competent authorities to review and clarify individual complaint withdrawal cases within a group complaint, the matter may be unnecessarily drawn out, delaying the handover of clean land sites.

- Risk of Rejection/Return of Representative Applications: If an enterprise or representative organization executes a complaint authorization without a Power of Attorney containing proper signatures and official seals of the head of the organization under newly issued Form No. 02, competent authorities will refuse to accept and process the dossier.

- Risk of Losing Evidentiary Advantage Due to Lack of Data Updates: If enterprises do not regularly monitor case statuses on the National Database on Complaints, they may miss dialogue notification deadlines or opportunities to submit supplementary documents, resulting in unfavorable resolution decisions.

4. Practical Cases & Transitional Provisions

- Transitional Provisions for Pending Cases: For complaint cases from citizens or organizations related to enterprise projects that received formal acceptance notices prior to July 1, 2026, and have not yet been issued a resolution decision, procedures regarding complaint withdrawal, temporary suspension, termination, and dialogue shall continue under the former provisions of Decree No. 124/2020/ND-CP. Corporate legal departments must classify dossiers to apply proper legal grounds. (Legal basis: Clause 1, Article 22 of Decree No. 155/2026/ND-CP)

- Expiration Date of Notarization Requirement for Individual Authorization: Enterprises must pay special attention to a critical transitional timeline. The mandatory requirement for notarization or certification of Power of Attorney for individual complaints amended under this Decree shall officially cease to be effective as of January 1, 2027. (Legal basis: Clause 2, Article 21 of Decree No. 155/2026/ND-CP)