After 3 months from the receiving decision date in Vietnam, can I still make a complaint? Can I withdraw after filing my complaint in Vietnam?

After 3 months from the receiving decision date in Vietnam, can I still make a complaint? 

Article 9 of the Law on Complaints 2011 provides that statute of limitation for making a complaint is as follows:

The statute of limitation for making a complaint is 90 days, after receiving an administrative decision or knowing or being informed of an administrative decision or act.

In case a complainant fails to exercise the right to complain in accordance with the statute of limitation due to illness, natural disaster, enemy sabotage, working mission or study in a distant place or another objective obstacle, the period during which such obstacle exists is not counted into the statute of limitation for making a complaint.

Thus, in the above case, if more than 3 months (ie over 90 days) after receiving an administrative decision, it will not be possible to make a complaint. However, in the case of illness, natural disaster, enemy sabotage, working mission or study in a distant place or another objective obstacle, the time of having such obstacles shall not be counted into the statute of limitation for making a complaint in Vietnam.

Can I withdraw after filing my complaint in Vietnam? 

Article 10 of the Law on Complaints 2011 provides for withdrawal of complaints as follows:

A complainant may withdraw his/her complaint at any time in the course of complaint and its settlement; a written request for withdrawal must be made, signed or fingerprinted by the complainant and sent to the person competent to complaint settlement.

When receiving a written request for complaint withdrawal, the person competent to complaint settlement shall suspend the complaint settlement and notify such suspension in writing to the complainant.

Thus, according to current regulations in Vietnam, after filing a complaint, the complainant is entitled to withdraw the complaint.

Best Regards!