Statute of Limitations for Filing a Lawsuit in Administrative Proceedings
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The statute of limitations for filing a lawsuit is the time limit within which agencies, organizations, and individuals have the right to initiate a lawsuit requesting the Court to resolve an administrative case in order to protect their infringed lawful rights and interests; upon expiry of such time limit, the right to sue shall lapse.
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The statute of limitations for filing a lawsuit in each case is prescribed as follows:
a) One (01) year from the date of receipt of, or knowledge of, the administrative decision, administrative act, or disciplinary decision on dismissal;
b) Thirty (30) days from the date of receipt of the decision on the settlement of a complaint regarding the handling of a competition case; or the decision on the settlement of a complaint in a State Audit case;
c) From the date of receipt of the notice of the result of complaint settlement by the agency preparing the voter list, or upon expiry of the time limit for complaint settlement without receipt of a notice of results from the agency preparing the voter list, up to five (05) days before the election day. -
Where a litigant lodges a complaint in accordance with the law to a state agency or competent person for complaint settlement, the statute of limitations for filing a lawsuit is prescribed as follows:
a) One (01) year from the date of receipt of, or knowledge of, the first-time complaint settlement decision or the second-time complaint settlement decision;
b) One (01) year from the date of expiry of the statutory time limit for complaint settlement where the state agency or competent person fails to settle and does not provide a written response to the complainant. -
In cases where force majeure events or other objective obstacles prevent the plaintiff from filing a lawsuit within the time limits specified at Points a and b, Clause 2 above, the period of such force majeure event or objective obstacle shall not be included in the statute of limitations for filing a lawsuit.
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The provisions of the Civil Code on determining time limits and statutes of limitations shall apply in administrative proceedings.
Legal Basis:
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Article 116 of the 2015 Law on Administrative Procedure;
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Clause 7, Article 2 of the 2019 Law amending the Law on State Audit.
