Year 2020: Court Acceptance of Complaints for Resolution When These Conditions are Met

Article 10 of Circular 01/2020/TT-TANDTC stipulates that the People's Courts and competent authorities to accept complaints for resolution must meet the following conditions:

The Court accepts complaints for resolution upon meeting these conditions (illustration)

Firstly, the complaint content is stipulated in Clause 1 Article 4 of this Circular, and the complaint is made in writing or directly.

- In the case where the complaint is made in writing, it must clearly state the date, month, year of the complaint; the name and address of the complainant; the name and address of the agency or individual being complained about; the content and reasons for the complaint, relevant documents, and the complainant's request for resolution. The complaint letter must be signed or fingerprinted by the complainant; if multiple people complain about one content, the letter must have the signatures of all complainants;

- In the case where the complainant files a direct complaint, the complaint receiver guides the complainant to write the complaint or records the complaint content in writing and asks the complainant to sign or fingerprint to confirm the document. If multiple people directly complain about one content, the competent agency must organize the reception, guiding the complainants to appoint a representative to present the complaint content and document the complaint in writing.

Secondly, the complaint is within the statute of limitations as prescribed by the Law on Complaints or other relevant legal provisions.

In cases of force majeure or objective obstacles preventing the complainant from exercising their right to complain within the prescribed time limit, the complainant must have supporting documents, materials, or a confirmation document from the competent authority.

Thirdly, the complaint falls under the jurisdiction of the People's Court.

Fourthly, the complainant must have full civil act capacity as prescribed by law.

The complainant can either personally or through a defender, legal counsel, or representative, exercise the right to complain; in cases where the complainant is under 18 years old, has lost civil act capacity, has difficulties in perception or control of acts, or has limited civil act capacity and cannot complain independently, the complaint is made through a legal representative and must have supporting documents and materials.

Fifthly, the complaint has not yet received a legally effective resolution decision or the complainant has not filed a withdrawal request.

More details can be found in: Circular 01/2020/TT-TANDTC effective from August 10, 2020.

Thu Ba

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