Decision on Land Issues After 3 Years: Is It Possible to File a Complaint?
Decision on land issues after 3 years, can a complaint be filed?
Dear Sir/Madam,
Our commune has received a land-related complaint, but the decision on the complaint dates back to August 2018. At that time, the residents had already received compensation and signed a confirmation. Therefore, is it appropriate for our commune to issue a notice of non-acceptance in this case?
Response:
According to Article 9 of the 2011 Law on Complaints, the statute of limitations for complaints is regulated as follows:
- The statute of limitations for filing a complaint is 90 days from the date of receipt of the administrative decision or from the date of knowing the administrative decision or administrative act.- In cases where the complainant is unable to exercise the complaint right within the prescribed time limit due to illness, natural disasters, enemy destruction, business trips, study in remote areas, or other objective obstacles, the time of those obstacles shall not be counted into the statute of limitations for complaints.
Thus, the time limit for filing complaints against administrative decisions or administrative acts is 90 days (approximately 3 months), except in certain aforementioned cases.
Therefore, in this case, the statute of limitations has expired, and the Commune People's Committee issuing a notice of non-acceptance is in accordance with legal regulations (Article 11 of the 2011 Law on Complaints).
The time limit for filing a second complaint is 30 days from the date of receipt of the first complaint resolution?
Dear Sir/Madam,
Is it correct that the time limit for filing a second complaint is 30 days from the date of receipt of the first complaint resolution?
Response:
Clause 1, Article 33 of the 2011 Law on Complaints stipulates:
Within 30 days from the expiration of the time limit for resolving the complaint as specified in Article 28 of this Law, if the complaint is not resolved in the first instance, or from the date of receipt of the first complaint resolution if the complainant disagrees, they have the right to file a complaint with the competent person for resolving the second complaint; for remote and difficult-to-access areas, the time limit may be extended but not exceeding 45 days.
Therefore, according to the regulations, within 30 days (for remote and difficult-to-access areas, the time limit may be extended but not exceeding 45 days) from the date of receipt of the first complaint resolution, if the complainant disagrees, they have the right to file a complaint with the competent person for resolving the second complaint.
Is the time spent on a 3-month business trip abroad deductible from the complaint statute of limitations?
Dear Sir/Madam,
Regarding complaints, if one has to go on a business trip abroad for 3 months, is this period deductible from the complaint statute of limitations?
Response:
Based on Article 9 of the 2011 Law on Complaints:
The statute of limitations for filing a complaint is 90 days from the date of receipt of the administrative decision or from the date of knowing the administrative decision or administrative act.
In cases where the complainant is unable to exercise the complaint right within the prescribed time limit due to illness, natural disasters, enemy destruction, business trips, study in remote areas, or other objective obstacles, the time of those obstacles shall not be counted into the statute of limitations for complaints.
Therefore, according to the regulations, if the complainant is unable to exercise the complaint right within the prescribed time limit due to a business trip, this period shall not be counted into the statute of limitations for complaints. Consequently, if the 3-month business trip abroad prevents the complainant from exercising the complaint right within the prescribed time limit, this period will not be counted into the statute of limitations for complaints.
Respectfully!
