What is the statute of limitation for making a complaint about the decision to sanction violations issued by traffic police in Vietnam?
What is the statute of limitation for making a complaint about the decision to sanction violations issued by traffic police in Vietnam? Is it permissible to make a verbal complaint in Vietnam? Is it compulsory to make a written request to withdraw a complaint in Vietnam?
What is the statute of limitation for making a complaint about the decision to sanction violations issued by traffic police in Vietnam?
In cases where the traffic police issue a fine for a traffic violation, but there is reason to believe that the decision is not in line with the nature and severity of the offense, what is the statute of limitation for making a complaint about the decision in Vietnam? Thank you!
Answer:
Pursuant to Article 9 of the Law on Complaints in 2011 stipulating statute of limitation for making a complaint 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.
As regulations above, the statute of limitation for making a complaint about the decision to sanction violations issued by traffic police in Vietnam is 90 days, after receiving an administrative decision or knowing or being informed of such administrative decision.
What is the statute of limitation for making a complaint about the decision to sanction violations issued by traffic police in Vietnam? - image from internet
Is it permissible to make a verbal complaint in Vietnam?
I did not agree with the decision made by the Chairman of the Ward in my local area to impose an administrative sanction on me. Therefore, I file a complaint to the People's Committee, but they told me that I need to submit a written complaint. Is it legally correct?
Answer:
Pursuant to Clause 1 and 3, Article 8 of the Law on Complaints in 2011 stipulating forms of complaint as follows:
1. Complaints may be made in written or verbal form.
2. 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.
3. 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 of this Article.
Therefore, it is permissible to make a verbal complaint in Vietnam. The officer receiving the complaint guides the complainant in writing the complaint, or records the complaint in written form and requests the complainant to sign or acknowledge the content according to the regulations. The response from the People's Committee in the above case is not in accordance with the provisions of the law on complaints.
Is it compulsory to make a written request to withdraw a complaint in Vietnam?
Is it compulsory to make a written request to withdraw a complaint in Vietnam? Thank you!
Answer:
Pursuant to Article 10 of the Law on Complaints in 2011 stipulating 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.
As regulations above, it is compulsory to make a written request including signature or fingerprint to withdraw a complaint in Vietnam.
Best regards!
