What is the time limit for settling second-time complaints in Vietnam? Upon the expiration of the second-time complaint settlement time limit in Vietnam, what will happen if a complaint remains unsettled?

What is the time limit for settling second-time complaints in Vietnam?

Pursuant to Article 37 of the Law on Complaints in 2011 stipulating time limit for settling second-time complaints as follows:

The time limit for settling a second-time complaint does not exceed 45 days after the complaint is accepted. For a complicated case, this time limit may be prolonged but must not exceed 60 days after the complaint is accepted.

In deep-lying or remote areas with difficult travel conditions, the time limit for settling a complaint is 60 days after the complaint is accepted. For a complicated case, this time limit may be prolonged but must not exceed 70 days after the complaint is accepted.

As regulations above, the time limit for settling a complaint is 70 days after the complaint is accepted for cases in deep-lying or remote areas with difficult travel conditions.

Upon the expiration of the second-time complaint settlement time limit in Vietnam, what will happen if a complaint remains unsettled?

Pursuant to Article 42 of the Law on Complaints in 2011 stipulating as follows:

Upon the expiration of the complaint settlement time limit specified in Article 37 of this Law, if a complaint remains unsettled or a complainant disagrees with a second-time complaint settlement decision, he/she has right to institute an administrative case at court in accordance with the Law on Administrative Procedures.

As regulations above, upon the expiration of the second-time complaint settlement time limit, if the complaint remains unsettled, you have the right to institute an administrative case at court.

What contents are included in a lawsuit petition in Vietnam?

Pursuant to Clause 1 Article 118 of the Law on Administrative Procedures in 2015, a lawsuit petition must contain the following principal contents:

a/ Date of its making;

b/ Court requested to settle the administrative case;

c/ Names, addresses, telephone numbers, facsimile numbers and email addresses (if any) of the plaintiff, defendant and persons with related interests and obligations;

d/ Contents of the administrative decision, the disciplinary decision on dismissal or the decision on settlement of a complaint about a decision on handling of a competition case, contents of settlement of the complaint about a voter list, or a brief description of the administrative act;

dd/ Contents of the complaint settlement decision (if any);

e/ Claims requested to be settled by the court;

g/ Assurance of non-filing of a complaint with a person competent to settle complaints.

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