The Time Limit for Informing the Complainant in Civil Judgment Enforcement When the Complaint Is Accepted?
Translation:
Time Limit for Notification to Civil Judgment Execution Complainant In Case of Complaint Acceptance
How many days does it take to issue a decision to suspend the resolution of a civil judgment execution complaint in case the complaint is withdrawn?Dear Lawyer,I have recently submitted a civil judgment execution complaint to the competent authority 2 weeks ago but have not yet received a notification of acceptance. May I ask, if I have fully and properly submitted the application, how long will it take to receive the notification of acceptance? If I withdraw a part of the civil judgment execution complaint, is that allowed and will I receive a notification? Please provide clarification.Time limit for notifying the complainant in civil judgment enforcement in case the complaint is accepted?
Based on Clause 1 Article 9 of Circular 13/2021/TT-BTP stipulating the acceptance of complaints, requests for reports, explanations, provision of records, and documents as follows:
- Within 5 working days from the date of receiving the first-time complaint, 10 days from the date of receiving the second-time complaint, if it falls under the jurisdiction to resolve and does not fall under the provisions of Article 141 of the Civil Judgment Enforcement Law, the authority competent to resolve the complaint must accept and resolve it and notify the complainant in writing.
The authority competent to resolve the complaint shall issue a notice of acceptance for each complaint. In case multiple people file complaints about the same content at the same time, the authority competent to resolve the complaint shall issue a common notice of acceptance attached with a list of the complainants.
Thus, within 5 working days from the date of receiving the first-time complaint, 10 days from the date of receiving the second-time complaint, if the complaint falls under the jurisdiction to resolve, the resolver shall accept and notify the complainant in writing.
Issuing a decision to suspend the resolution of a civil judgment enforcement complaint in case of withdrawal within how many days?
According to Clause 1 Article 10 of Circular 13/2021/TT-BTP stipulating the withdrawal of complaints, the resolution of complaints in case of postponement, temporary suspension, suspension of judgment enforcement, or when the complainant is an individual who dies as follows:
- In case the complainant withdraws part or all of the complaint, within 5 days from the date of receiving the withdrawal request, the resolver shall suspend the resolution for the withdrawn content and notify the complainant. The withdrawal of the complaint must be made in writing. Within 30 days from the date of the suspension notice, if the complainant re-lodges the complaint, the authority competent shall accept and resolve the complaint in accordance with regulations.
In case the complainant withdraws the complaint that has not yet been accepted for resolution, the authority competent shall not consider resolving the withdrawn complaint content, notify the complainant, and archive the complaint.
Accordingly, the complainant can withdraw part or all of the complaint. Within 5 days from the date of receiving the withdrawal request, the resolver shall suspend the resolution for the withdrawn content and notify the complainant.
Sincerely!
