Where to Lodge a First Complaint Regarding Inappropriate Fines by the Traffic Police?
Where to File Your First Complaint Against an Incorrect Fine by the Traffic Police?
Pursuant to Clause 1, Article 7 of the 2011 Law on Complaints, which stipulates the complaint procedure as follows:
- When there are grounds to believe that an administrative decision or administrative act is unlawful, directly infringing upon one's lawful rights and interests, the complainant shall file the first complaint to the person who issued the administrative decision or agency with the individual committing the administrative act or file an administrative lawsuit in Court in accordance with the Law on Administrative Procedures.
If the complainant does not agree with the first complaint resolution decision or if the complaint is not resolved within the prescribed time limit, the complainant has the right to file a second complaint to the direct superior of the person who has the authority to resolve the first complaint or to file an administrative lawsuit in Court in accordance with the Law on Administrative Procedures.
If the complainant does not agree with the resolution decision of the second complaint or if the complaint is not resolved within the prescribed time limit, the complainant has the right to file an administrative lawsuit in Court in accordance with the Law on Administrative Procedures.
Therefore, in the case you mentioned, when participating in traffic on the Ho Chi Minh trail, stopped by the Traffic Police and subsequently fined for speeding but without image extraction, you can file a complaint directly to that Traffic Police officer or you can go to the headquarters of the Traffic Police team or station where the officer issuing the ticket operates to exercise this right.
How to File a Complaint Against the Misconduct of a Minister?
Pursuant to Clause 2, Article 7 of the aforementioned document which specifies as follows:
- For administrative decisions and administrative acts of ministers, heads of agencies of ministerial rank, heads of agencies under the Government of Vietnam (hereinafter collectively referred to as ministers), the complainant shall file a complaint to the minister or file an administrative lawsuit in Court in accordance with the Law on Administrative Procedures.
If the complainant does not agree with the complaint resolution decision of the minister or if the complaint is not resolved within the prescribed time limit, the complainant has the right to file an administrative lawsuit in Court in accordance with the Law on Administrative Procedures.
Thus, for administrative acts of ministers when violated, you can file a complaint directly to that minister or you can choose to file an administrative lawsuit in Court in accordance with the Law on Administrative Procedures.
Sincerely!
