Complaint Delegation Without Notarization From 2027: Key Breakthroughs of Decree 155/2026/ND-CP

09-06-26 MTParners

On May 15, 2026, the Government issued Decree No. 155/2026/ND-CP amending Decree No. 124/2020/ND-CP implementing the Law on Complaints — effective July 1, 2026. The Decree marks a significant shift: organizations delegating complaint rights are no longer required to have authorization documents notarized or certified; and under the amended Law on Notarization 2026, effective January 1, 2027, individuals will also be exempt from this requirement. The Decree also introduces the first legal definition of “complex cases,” a new suspension mechanism, stricter civil servant discipline, and digital transformation mandates.

1. Complaint Delegation Without Mandatory Notarization: A Major Turning Point

Under the former Article 5 of Decree 124/2020/ND-CP, individual authorization documents for complaints were required to be notarized or certified by a competent state authority. In practice, this requirement created significant burdens — particularly when complainants were far away, ill, or needed to delegate urgently before a filing deadline.

Decree 155/2026/ND-CP and the amended Law on Notarization 2026 together create two consecutive milestones:

For organizations (effective July 1, 2026): An authorization letter for complaints only needs to be signed by the organization’s authorized representative and bear its seal (if any). No notarization or certification at a notary office or commune/ward People’s Committee is required. This is particularly beneficial for businesses delegating to lawyers or legal representatives in administrative complaint proceedings.
For individuals (effective January 1, 2027): On April 23, 2026, the National Assembly passed the amended Law on Notarization 2026, placing “authorization documents for exercising the right to complain” among 6 types of transactions no longer requiring mandatory notarization. Therefore, from January 1, 2027, the requirement that individual authorization documents “must be notarized and certified” will cease to have legal effect. Citizens may still opt for notarization voluntarily.

Practical note: During the transitional period from July 1, 2026 to December 31, 2026, individuals still need notarization or certification per current regulations; the mandatory requirement is only fully removed from January 1, 2027 onward. The content of authorization documents must follow Form No. 02 issued together with Decree 155/2026/ND-CP.

2. First Legal Definition of “Complex Cases”: Ending Arbitrary Extensions

The biggest ambiguity in Vietnamese complaint law has long been the concept of “complex cases” — used to extend resolution deadlines but never legally defined, leading to arbitrary application. Decree 155/2026/ND-CP for the first time adds Article 3a, specifying 7 exhaustive circumstances:

Verification required at two or more locations;
Two or more separate contents require verification;
Multiple complainants, or the content affects the rights of multiple persons;
The complainant is overseas or a foreigner, or the content requires overseas verification;
The complaint involves the management responsibilities of multiple agencies or organizations;
Relevant agencies hold differing opinions during the resolution process;
Conflicting documents or evidence require time for examination, assessment, or expert consultation.

Importantly: the determination of a complex case must be evidenced in writing and placed on file — giving complainants legal grounds to challenge any agency that abuses this classification to extend deadlines.

3. Suspension and Termination of Complaint Resolution: New Legal Framework for Force Majeure

Based on Article 11a of the Law on Complaints (as amended by Law No. 136/2025/QH15), Decree 155/2026/ND-CP adds Sub-section 2a comprising Articles 28a and 28b, providing detailed guidance on suspension and termination of complaint resolution.

Force majeure events and objective obstacles are defined to include:

Natural disasters, epidemics, war, or enemy attacks;
Accidents, illness, or official travel or study away from the locality;
Relevant case files and documents currently seized or sealed by a competent authority.

Once the grounds for suspension no longer exist, the person resolving the complaint must issue a decision to resume resolution within 3 working days. The resolution deadline continues to run from that date. In the case of withdrawal: resolution continues with remaining complainants; termination is issued only when all complainants withdraw.

4. Stricter Civil Servant Discipline and Digital Transformation

Decree 155/2026/ND-CP amends Articles 40 and 41, and adds Article 41a, specifying four disciplinary forms: reprimand, warning, dismissal, and forced resignation — applicable for harassment, covering up respondents, threatening retaliation, deliberately falsifying case files, and refusing to accept cases that meet acceptance conditions. New Article 41a additionally covers persons who, while not directly handling the case, unlawfully interfere in the complaint process — closing a significant legal gap.

On digital transformation (new Article 30a): Competent authorities may apply information technology to update, track, manage, and share complaint resolution data on the National Database on Citizen Reception, Petition Processing, and Complaint and Denunciation Resolution — ensuring transparency, cybersecurity, and personal data protection.

Practical Impact

For businesses: Eliminating mandatory notarization saves time and cost in administrative complaints involving tax, land, and business licensing matters — areas where lawyer delegation is common. Businesses can now delegate immediately through internal documents bearing the authorized signature and seal.

For individuals: From January 1, 2027, complainants may authorize family members, lawyers, or legal aid workers without incurring notarization fees — particularly meaningful for the elderly, persons with disabilities, and those in remote areas.

For public administration: Standardized procedures, with a clear definition of “complex cases” and a proper suspension mechanism, should significantly reduce the backlog of unresolved complaints. Stricter discipline creates stronger deterrence against procedural non-compliance.

Recommendations

For businesses and organizations:

Review internal complaint delegation procedures and update authorization templates to conform to Form No. 02 under Decree 155/2026/ND-CP.
For pending or upcoming complaints, consider waiting until January 1, 2027 to avoid the notarization step — unless the filing deadline is imminent.
Proactively monitor resolution progress through the National Database once operational.

For individuals:

Note the two-phase timeline: July 1 – December 31, 2026 still requires notarization/certification for individuals; the mandatory requirement is only removed from January 1, 2027.
When an authority classifies your case as “complex” to seek a time extension, request the written determination — this is a right recognized under new Article 3a.
Refusal to accept a case or missed deadlines may constitute grounds to request disciplinary action against the responsible officials under Articles 40, 41, and 41a.

MT & Partners Law Firm, with a team of experienced lawyers specializing in administrative law, civil disputes, and complaint proceedings, is ready to assist clients in drafting complaint petitions, compliant authorization documents, and providing full representation throughout the resolution process. Contact our hotline at 0987140772 or email info@mtpartners.vn for legal advice.

(*) This article is for reference only and does not substitute for specific legal advice.

Keywords: complaint delegation without notarization, Decree 155/2026/ND-CP, amendment to Decree 124/2020, new complaint procedures 2026, complaint authorization document, amended Law on Notarization 2026, complex administrative complaint cases, civil servant discipline in complaint resolution, digital transformation in complaint handling Vietnam