1. Administrative complaints according to the provisions of law:

An administrative complaint is understood as a written request by agencies, organizations, citizens or officials or civil servants that the agencies, organizations or individuals have issued as administrative decisions or acts. Disciplinary decisions against civil servants, officials, and employees review the grounds for believing that this administrative decision or action has violated the rights and interests of agencies, organizations, and citizens. have a written complaint.

Pursuant to the provisions of Article 7 of the Law on Complaints 2011, the administrative complaint process and administrative acts are as follows:

– Make your first complaint to the following agencies and individuals:

+ The person who issued the administrative decision;

+ The agency has a person committing administrative acts;

– In cases where the complainant does not agree with the decisions to resolve the first complaint or in cases where the time limit prescribed by law has passed, he or she has the right to make a second complaint to the superior Head. directly by the person competent to resolve the first complaint.

Note, for special cases:

– For administrative decisions and administrative acts of Heads of ministerial-level agencies, Ministers, and Heads of Government agencies collectively referred to as Ministers, complaints should be made to the Minister.

In cases of disagreement with the Minister's decision to resolve the complaint or if the complaint is not resolved after the prescribed time limit, according to regulations, the complainant has the right to initiate an administrative lawsuit in court. .

– For administrative decisions and administrative acts of the Chairman of the Provincial People's Committee, the first complaint shall be made to the Chairman of the Provincial People's Committee.

In cases where the complainant does not agree with the decision to resolve the first complaint or if the complaint is not resolved within the prescribed time limit, he or she has the right to make a second complaint to the Minister managing the industry or field.

In cases where the complainant does not agree with the Minister's second settlement decision or in cases where the prescribed time limit has expired and the complaint is not resolved, he or she has the right to initiate an administrative lawsuit in court. .

The statute of limitations for complaining about an administrative decision: is 90 days from the date of receiving the administrative decision or learning about the administrative decision or administrative act. The statute of limitations for complaining includes holidays, New Year holidays, and Saturdays. , Sunday.

In cases where the complainant cannot exercise the right to complain within the statute of limitations due to enemy sabotage, illness, natural disasters, going on business or studying far away or because of other objective obstacles, the time limit is That obstacle does not count toward the statute of limitations for complaints.

2. Initiate an administrative lawsuit according to the law:

Initiating an administrative case is understood as something in which individuals, organizations, and State agencies, according to the provisions of the main procedural law, request the court to resolve the administrative case for the purpose of ensuring Your legitimate rights and interests are violated by administrative actions or disciplinary decisions on termination of employment, administrative decisions, etc.

Currently, the statute of limitations for filing a lawsuit is understood as the time limit within which organizations, agencies, and individuals have the right to initiate a lawsuit to request a competent court to resolve an administrative case for the purpose of protecting legitimate rights and interests. is violated, in case this time limit expires, according to regulations, there will be no right to sue.

Pursuant to the provisions of Article 116 of the Law on Administrative Procedures, the statute of limitations for initiating an administrative case will depend on each specific case as follows:

– 01 year from the date of receiving or knowing about the administrative act, administrative decision, disciplinary decision on dismissal;

– 30 days from the date of receiving the decision to resolve complaints about decisions to handle competition cases, decisions to resolve complaints in state audit activities;

From the date of receipt of notice of complaint resolution results from the voter list compilation agency or the end of the complaint resolution period without receiving notice of complaint resolution results from the voter list compilation agency arrive 5 days before election day.

– For cases where the litigant makes a complaint in accordance with the provisions of law to a competent person or state agency to resolve the complaint, the statute of limitations for initiating a lawsuit is prescribed as follows:

+ 01 year from the date of expiry of the time limit for resolving complaints as prescribed by law, if the state agency or competent person does not resolve and there is no written response to the complainant.

+ 01 year from the date of receiving or knowing the decision to resolve the second complaint or the decision to resolve the first complaint.

– In cases where a force majeure event or other objective obstacle prevents the plaintiff from filing a lawsuit within the prescribed time limit, the time during which the force majeure event or other objective obstacle occurs is not included in the statute of limitations. Sue.

– At the same time, according to regulations, the provisions of the Civil Code on how to determine time limits and statutes of limitations are applied in administrative proceedings.

3. Lawyers complain and initiate administrative cases:

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