Order of making a complaint about administrative decision in Vietnam

Order of making a complaint about administrative decision in Vietnam (Internet image)

1. What is a complaint about an administrative decision?

Complain means that a citizen, agency, organization, cadre or civil servant, according to the procedures prescribed in Law on Complaints 2011, requests a competent agency, organization or person to review an administrative decision or act of a state administrative agency or competent person in such agency, or a disciplinary decision against a cadre or civil servant when having grounds to believe that such decision or act is unlawful and infringes upon his/her/its rights and lawful interests.

(Clause 1, Article 2 of the Law on Complaints 2011)

2. Order of making a complaint about administrative decision in Vietnam

According to Article 7 of the Law on Complaints 2011, order of making a complaint about administrative decision is as follows:

- When having grounds to believe that an administrative decision or administrative act is unlawful or directly infringes upon his/her rights and lawful interests:

A person may make a first-time complaint with the person who has issued such administrative decision or the agency that manages the person who has committed such administrative act, or institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures.

+ In case the complainant disagrees with the first-time complaint settlement decision or the complaint remains unsettled although past the prescribed time limit,

He/she may make a second-time complaint with the direct superior of the person competent to settle the first-time complaint or institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures.

+ In case the complainant disagrees with the second-time complaint settlement decision or the complaint remains unsettled though past the prescribed time limit,

He/she has right to institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures.

- For an administrative decision or administrative act of a Minister, head of a Ministerial-level agency or Government- attached agency (hereinafter referred to as Minister),

the complainant may make a complaint with the Minister or institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures.

In case the complainant disagrees with the complaint settlement decision of the Minister or the complaint remains unsettled though past the prescribed time limit,

He/she may institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures.

- For an administrative decision or administrative act of the chairperson of the People's Committee of a province or centrally-run city (hereinafter referred to as provincial People's Committee),

the complainant may make a first-time complaint with the chairperson of the provincial-level People's Committee or institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures.

+ In case the complainant disagrees with the first-time complaint settlement decision of the chairperson of the provincial-level People's Committee or the complaint remains unsettled though past the prescribed time limit:

He/she may make a second-time complaint with the Minister managing the related sector or field or institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures.

+ In case the complainant disagrees with the second-time complaint settlement decision of the Minister or the complaint remains unsettled though past the prescribed time limit:

He/she may institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures.

3. Forms of complaint about administrative decisions in Vietnam

According to Article 8 of the Law on Complaints 2011, forms of complaint about administrative decisions are as follows:

- Complaints may be made in written or verbal form.

- In case complaints are made in written form, the written complaint must clearly indicate the date of complaint; the full name and address of the complainant; the name and address of the complained agencies, organizations or individuals; contents of and reason for the complaint; documents related to complaint contents and the request of the complainant for settlement. The written complaint must be signed or fingerprinted by the complainant.

- In case the complainant makes a verbal complaint, the complaint recipient shall guide the complainant in making a written complaint or record in writing the complaint and request the complainant to sign or fingerprint in such record for confirmation, which clearly writes the contents specified in clause 2 of Article 8 of the Law on Complaints 2011.

4. In case many persons jointly make a complaint about the same content in Vietnam

According to Clause 4, Article 8 of the Law on Complaints 2011, in case many persons jointly make a complaint about the same content, procedures shall be implemented as follows:

- For a verbal complaint of many persons at the same time, the competent agency shall receive and guide these complainants in appointing a representative to present the complaint contents;

The complaint recipient shall record in writing the complaint, clearly writing the contents specified in clause 2 of Article 8 of the Law on Complaints 2011. The reception of a complainant of many persons complies with Chapter V of Law on Complaints 2011;

- For a written complaint made by many persons, such complaint must clearly write the contents specified in clause 2 of Article 8 of the Law on Complaints 2011, include the signatures of complainants, and appointment of a representative to present their opinions at the requests of complaint settler.

- In case a complaint is made by a representative, such representative must be one of the complainants, have a paper proving legality of representation, and implement the complaint as prescribed by Law on Complaints 2011.

(Clause 4.5, Article 8 of Law on Complaints 2011)

5. Statute of limitation for making a complaint in Vietnam

Statute of limitation for making a complaint is specified in Article 9 of the Law on Complaints 2011 as follows:

The statute of limitation for making a complaint is 90 days, after receiving an administrative decision or knowing or being informed of an administrative decision or act.

In case a complainant fails to exercise the right to complain in accordance with the statute of limitation due to illness, natural disaster, enemy sabotage, working mission or study in a distant place or another objective obstacle, the period during which such obstacle exists is not counted into the statute of limitation for making a complaint.

Ngoc Nhi

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