Resolution of First-Time Complaints with a Time Limit Not Exceeding 02 Months

The first-time complaint resolution period should not exceed 02 months?

According to current regulations, the period for resolving the first-time complaint against an administrative act is not more than 02 months, correct?

Reply:

Pursuant to Article 28 of the 2011 Law on Complaints, the period for resolving a first-time complaint is specified as follows:

The period for resolving a first-time complaint is not more than 30 days from the date of acceptance; for complex cases, the resolution period may be extended but not more than 45 days from the date of acceptance.

In remote, difficult-to-access areas, the period for resolving a complaint is not more than 45 days from the date of acceptance; for complex cases, the resolution period may be extended but not more than 60 days from the date of acceptance.

Depending on whether the case is simple or complex and different regions, the resolution period can be flexible. However, it should not exceed 60 days even for cases in remote areas as stipulated.

Not allowed to withdraw a complaint after submitting it?

Yesterday, I submitted a complaint to the commune official. However, I reconsidered and no longer want to proceed with the complaint. Is it possible to withdraw the complaint? I submitted a paper form.

Reply:

Pursuant to Article 10 of the 2011 Law on Complaints, it is provided as follows:

A complainant can withdraw the complaint at any time during the complaint and complaint settlement process; the withdrawal must be made in writing with the signature or fingerprint of the complainant; the withdrawal letter must be sent to the person competent to resolve the complaint.

When the person competent to resolve the complaint receives the withdrawal letter, they shall terminate the resolution process and notify the complainant in writing of the termination.

Therefore, you can withdraw your complaint at any time during the complaint and settlement process. Please note that the withdrawal must be made in writing with your signature or fingerprint.

Forgetting to sign the complaint form, will it be accepted for resolution?

This morning, I filed a complaint with the traffic police but forgot to sign it. Will they resolve it?

Reply:

Pursuant to Clause 5, Article 11 of the 2011 Law on Complaints, the conditions under which a complaint is not accepted for resolution are specified as follows:

- The complainant does not have full civil act capacity and does not have a legal representative;- The legal representative is not authorized to file the complaint;- The complaint form lacks the complainant’s signature or fingerprint;

Thus, in principle, if the complaint form lacks the complainant’s signature or fingerprint, the competent authority will not accept it for resolution. To address this issue, it is advisable to prepare a new complaint form and then proceed with the complaint process accordingly.

Respectfully!