9 Cases of Complaints Not Admitted for Resolution

Complaint is when a citizen, agency, or organization requests a competent authority, organization, or individual to review an administrative decision or administrative action of a state administrative agency, of a competent person within the state administrative agency, or a disciplinary decision against officials when there are grounds to believe that such decision or action is illegal, infringing upon their lawful rights and interests.

Complaints falling under one of the following cases will not be accepted for resolution:

  1. Administrative decisions and acts within a state agency for directing and organizing the performance of tasks and duties; administrative decisions and acts in the superior administrative agency's direction and administration over inferior administrative agencies; administrative decisions containing legal norms issued by competent agencies, organizations, or individuals following legal procedures on promulgating legal normative documents; administrative decisions and acts within the scope of state secrets in defense, security, and foreign affairs as prescribed by the Government of Vietnam;
  2. Administrative decisions and acts being complained about do not directly relate to the rights and legitimate interests of the complainant;
  3. The complainant does not have full legal capacity and has no legitimate representative;
  4. The representative is not legitimate in making the complaint;
  5. The complaint petition does not have the signature or fingerprint of the complainant;
  6. The statute of limitations and complaint period has expired without a legitimate reason;
  7. The complaint has already been resolved by a second complaint resolution decision;
  8. There is a written notice of suspension of complaint resolution, and after 30 days the complainant does not continue the complaint;
  9. The complaint has been accepted by the Court or has been resolved by the Court's judgment or decision, except for the Court's decision to suspend the resolution of an administrative case.

More details can be found in Law on Complaints 2011 effective from July 1, 2012.

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