When can a complainant file a second complaint...

(Baonghean) -When can a complainant file a second complaint or initiate an administrative lawsuit?

Ask:When can a complainant file a second complaint or initiate an administrative lawsuit?

Reply:Article 33 of the 2011 Law on Complaints stipulates:

1. Within 30 days from the date of expiry of the complaint settlement period prescribed in Article 28 of this Law, if the first complaint is not settled or from the date of receipt of the decision to settle the first complaint, if the complainant does not agree, he/she has the right to appeal to the competent authority to settle the second complaint; for remote areas with difficult access, the time limit may be extended but not more than 45 days.

In case of a second complaint, the person submitting the petition must attach the decision on the first complaint settlement and relevant documents to the person with authority to settle the second complaint.

2. If the time limit for handling complaints specified in Article 28 of this Law has expired and the first complaint has not been resolved or the complainant does not agree with the decision to handle the first complaint, he/she has the right to file an administrative lawsuit at the Court in accordance with the provisions of the Law on Administrative Procedure.

The “time limit for resolving complaints” as prescribed in Article 28 is no more than 30 days for normal cases; no more than 45 days for complicated cases; for remote areas, difficult to travel areas, and complicated cases, the time limit for resolving initial complaints is no more than 60 days.

Thus, based on Article 28 and Article 33 of the 2011 Law on Complaints: From the date stated in the decision to accept and resolve the complaint for the first time or from the date the competent authority or person receives the first complaint but does not resolve it until the date of sending the request to the competent authority or person to resolve the complaint for the second time is 60 days. In remote areas with difficult travel, this period may be extended but not more than 75 days; or from the date of receiving the decision to resolve the complaint for the first time but the complainant does not agree, within 30 days (if in remote areas with difficult travel, within 45 days), the complainant sends the petition with the decision to resolve the complaint for the first time and related documents to the competent authority or person to resolve the complaint for the second time or files an administrative lawsuit at the Court according to the provisions of the Law on Administrative Procedure.

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