Who has competence to settle complaints about decisions or acts of administrative procedure- conducting persons in Vietnam?

Who has competence to settle complaints about decisions or acts of administrative procedure- conducting persons in Vietnam?

What are regulations on competence to settle complaints about decisions or acts of procedure- conducting persons? And what legal documents regulate this? Currently, I am participating in an administrative case resolving complaints related to the decision of the People's Committee of Province X. I have a complaint about the Judge's decision at the appeal court. However, I wonder what are regulations on competence to settle complaints about decisions or acts of procedure- conducting persons? We look forward to receiving advice from you. Sincerely thank.

Reply:

The competence to settle complaints about decisions or acts of procedure- conducting persons has been specifically stipulated in Article 332 of the 2015 Law on Administrative Procedures.

According to this regulation, competence to settle complaints about decisions or acts of procedure- conducting persons is prescribed as follows:

1. The chief justice of the court currently settling the administrative case has the competence to settle a complaint about the decision or act of the procedure-conducting person being the judge, deputy chief justice, verifier, court clerk or people’s assessor.

For a complaint about the procedural decision or act of the chief justice of a court, the chief justice of the immediate superior court has the competence to settle it.

2. The chief procurator of a procuracy has the competence to settle a complaint about the decision or act of the procedure-conducting person being the procurator, deputy chief procurator or examiner.

For a complaint about the procedural decision or act of the chief procurator of a procuracy, the chief procurator of the immediate superior procuracy has the competence to settle it.

3. The chief justice of the immediate superior court or chief procurator of the immediate superior procuracy has the competence to settle a complaint about the first-time complaint settlement decision of the court’s chief justice or procuracy’s chief procurator prescribed in Clauses 1 and 2 of this Article.

Above is our advice on the competence to settle complaints about decisions or acts of administrative procedure- conducting persons in Vietnam. If you want to learn more, please refer to the 2015 Law on Administrative Procedures.

Who has competence to settle complaints about decisions or acts of administrative procedure- conducting persons in Vietnam? (Image from the Internet)

What is statute of limitations for filing a complaint about decisions and actions in administrative proceedings in Vietnam?

What is statute of limitations for filing a complaint about decisions and actions in administrative proceedings in Vietnam? And what legal documents regulate this? Currently, I am participating in an administrative case resolving complaints related to traffic police's penalty decisions. During the process of resolving the case, I saw that the Court Clerk committed some illegal acts. I am very upset and want to complain about these acts. So, please ask: What is statute of limitations for filing a complaint about decisions and actions in administrative proceedings in Vietnam?

Reply:

The statute of limitations for filing a complaint about decisions and actions in administrative proceedings has been specifically stipulated in Article 330 of the 2015 Law on Administrative Procedures.

According to this regulation, the statute of limitations for filing a complaint about decisions and actions in administrative proceedings is prescribed as follows:

The statute of limitations for filing a complaint is 10 days after the complainant receives or knows about the procedural decision or act which he/she considers illegal.

In case the complainant cannot exercise his/her right to file a complaint within the time limit prescribed in this Article due to a force majeure event or an objective obstacle, the duration in which such event or obstacle exists will not be included in the statute of limitations for filing a complaint.

Above is our advice on statute of limitations for filing a complaint about decisions and actions in administrative proceedings in Vietnam. If you want to learn more, please refer to the 2015 Law on Administrative Procedures.

What are obligations of complained persons about decisions and actions in administrative proceedings in Vietnam?

What are regulations on obligations of complained persons about decisions and actions in administrative proceedings in Vietnam? Recently, I represented my agency to participate in an administrative case. During the process of resolving the case, the plaintiff filed a complaint against my agency's decision. I'm very curious about what are regulations on obligations of complained persons about decisions and actions in administrative proceedings? We look forward to receiving advice from you. Sincerely thank.

Reply:

The obligations of complained persons about decisions and actions in administrative proceedings in Vietnam have been specifically stipulated in Clause 2, Article 329 of the 2015 Law on Administrative Procedures.

According to this regulation, obligations of complained persons about decisions and actions in administrative proceedings are stipulated as follows:

2. A complained person has the following obligations:

a/ To explain his/her decision or act in administrative procedures which is complained about; to provide relevant information or documents when so requested by competent agencies, organizations or individuals;

b/ To abide by the legally effective complaint settlement decision;

c/ To pay compensation for damage or reimburse or remedy the consequences caused by his/her illegal decision or act in administrative procedures in accordance with law.

Above is our advice on obligations of complained persons about decisions and actions in administrative proceedings in Vietnam. If you want to learn more, please refer to the 2015 Law on Administrative Procedures.

Best regards!