What is the time limit for settling first-time complaints against administrative decisions in Vietnam? What are complaints not eligible to be accepted for settlement?
- What are the forms of complaints against administrative decisions in Vietnam?
- What is the time limit for settling first-time complaints against administrative decisions in Vietnam?
- What is the time limit for settling second-time complaints against administrative decisions in Vietnam?
- What are complaints not eligible to be accepted for settlement?
What are the forms of complaints against administrative decisions in Vietnam?
Pursuant to Article 8 of the 2011 Law on Complaints in Vietnam, the forms of complaints are as follows:
- Complaints may be made in written or verbal form.
- In case complaints are made in written form, the written complaint must clearly indicate the date of complaint;
The full name and address of the complainant;
The name and address of the complained agencies, organizations or individuals;
Contents of and reason for the complaint; documents related to complaint contents and the request of the complainant for settlement. The written complaint must be signed or fingerprinted by the complainant.
- In case the complainant makes a verbal complaint, the complaint recipient shall guide the complainant in making a written complaint or record in writing the complaint and request the complainant to sign or fingerprint in such record for confirmation, which clearly writes the contents specified in clause 2 Article 8 of the 2011 Law on Complaints in Vietnam.
- In case many persons jointly make a complaint about the same content, procedures shall be implemented as follows:
+ For a verbal complaint of many persons at the same time, the competent agency shall receive and guide these complainants in appointing a representative to present the complaint contents;
The complaint recipient shall record in writing the complaint, clearly writing the contents specified in clause 2 Article 8 of the 2011 Law on Complaints in Vietnam. The reception of a complainant of many persons complies with Chapter V of the 2011 Law on Complaints in Vietnam;
+ For a written complaint made by many persons, such complaint must clearly write the contents specified in clause 2 Article 8 of the 2011 Law on Complaints in Vietnam, including the signatures of complainants, and appointment of a representative to present their opinions at the requests of the complaint settler.
- In case a complaint is made by a representative, such representative must be one of the complainants, have a paper proving legality of representation, and implement the complaint as prescribed by the 2011 Law on Complaints in Vietnam.
What is the time limit for settling first-time complaints against administrative decisions in Vietnam? What are complaints not eligible to be accepted for settlement? (Image from the Internet)
What is the time limit for settling first-time complaints against administrative decisions in Vietnam?
Pursuant to Article 28 of the 2011 Law on Complaints in Vietnam, the time limit for settling first-time complaints against an administrative decision is as follows:
- The time limit for settling a first-time complaint does not exceed 30 days after the complaint is accepted.
For a complicated case, this time limit may be prolonged but must not exceed 45 days after the complaint is accepted.
- In deep-lying or remote areas with difficult travel conditions, the time limit for settling a complaint is 45 days after the complaint is accepted.
For a complicated case, this time limit may be prolonged but must not exceed 60 days after the complaint is accepted.
What is the time limit for settling second-time complaints against administrative decisions in Vietnam?
Pursuant to Article 37 of the 2011 Law on Complaints in Vietnam, the time limit for settling second-time complaints against an administrative decision is as follows:
- The time limit for settling a second-time complaint does not exceed 45 days after the complaint is accepted.
For a complicated case, this time limit may be prolonged but must not exceed 60 days after the complaint is accepted.
- In deep-lying or remote areas with difficult travel conditions, the time limit for settling a complaint is 60 days after the complaint is accepted.
For a complicated case, this time limit may be prolonged but must not exceed 70 days after the complaint is accepted.
What are complaints not eligible to be accepted for settlement?
Pursuant to Article 11 of the 2011 Law on Complaints in Vietnam stipulating as follows:
Complaints not eligible to be accepted for settlement
A complaint falling into one of the following cases is not accepted for settlement:
- It is about an administrative decision or act within a state agency for directing and organizing the performance of tasks and official duties; an administrative decision or act related to direction and administration by an administrative agency toward its subordinate administrative agency;
An administrative decision containing legal rules issued by competent agencies, organizations or persons according to the order and procedures prescribed in law on promulgation of legal documents; an administrative decision or act involving a state secret in the field of defense, security or foreign affairs as listed by the Government;
- It is about an administrative decision or act not directly related to the rights and lawful interests of the complainant;
- The complainant has no full civil act capacity and no a lawful representative;
- The complaint is implemented by an unlawful representative;
- There is no signature or fingerprint of complainant in the written complaint;
- The statute of limitations or time limit for making a complaint has expired but the complainant has no legitimate reason;
- A second-time complaint settlement decision has been issued;
- There is a written notice of suspension of the complaint settlement and the complainant does not continue making complaint during 30 days after the issuance of such notice;
- It has been accepted by a court for settlement or has been settled under a court judgment or decision other than a court’s decision on suspension of the settlement of an administrative case.
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