Vietnam: Time limits for complaint about court decisions

Vietnam: Time limits for complaint about court decisions
Tuyết Hoan

Subject persons or their lawful representatives, parents or guardians of subject persons being minors have the right to complain about court decisions on application of administrative-handling measures.

According to Ordinance No. 09/2014/UBTVQH13 of the National Assembly Standing Committee of Vietnam, time limits for complaint about court decisions are specified as follows:

- The time limit for subject persons or their lawful representatives, parents or guardians of subject persons being minors to lodge their complaints is 3 working days after the court announces the decision;

+ If they are absent from the session, such time limit is 3 working days after the receipt of the court’s decision.

+ If due to sickness, a natural disaster, enemy sabotage or other objective hindrances, the complainants cannot exercise their right to complain within the above time limit, the time where such hindrance exists must not be counted into the time limit for complaint.

- The time limit for proposing agencies to lodge their petitions or the Procuracies of the same level to make their protests is 3 working days after the court announces the decision.

Procedures for lodging complaints about court decisions are specified in Article 32 of Ordinance No. 09/2014/UBTVQH13 as follows:

- A complainant shall file a complaint clearly stating the reason and grounds for the complaint, with the court that has considered and decided on the application of administrative-handling measures.

- The proposing agency or the Procuracy of the same level shall file a written petition or protest, clearly stating the reasons and grounds for the petition or protest, with the court that has considered and decided on the application of administrative-handling measures.

The proposing agencies have the right to petition, the Procuracies of the same level have the power to protest against court decisions on application of administrative-handling measures when they have grounds to believe that such decisions are illegal.

View more details at Ordinance No. 09/2014/UBTVQH13 of the National Assembly Standing Committee of Vietnam.

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