1. Legal Grounds Governing the Processing of Administrative Procedures
The responsibilities of government authorities in processing administrative procedures and the mechanisms available to protect citizens’ rights in cases of delay are strictly regulated under the current legal framework, including:
- The Law on Cadres and Civil Servants 2008 (as amended and supplemented in 2019): Regulates public service ethics, disciplinary measures, and prohibited acts by civil servants, including being bureaucratic, exercising arbitrary authority, causing inconvenience, or engaging in harassment.
- Decree No. 61/2018/ND-CP (as amended and supplemented by Decree No. 107/2021/ND-CP): Regulates the implementation of the single-window and inter-agency single-window mechanisms for processing administrative procedures.
- The Law on Complaints 2011: Provides for the right to lodge complaints against administrative acts, including the failure to process or delay in processing an administrative application beyond the statutory time limit.
- The Law on Denunciations 2018: Provides for the right to denounce violations of law committed by cadres and civil servants in the performance of their duties and official functions.
- The Law on Administrative Procedures 2015: Provides for the right to initiate administrative lawsuits against administrative acts involving the failure to perform duties as required by law.
- The Law on State Compensation Liability 2017: Provides a legal basis for claiming compensation from the State where an unlawful delay in processing an application causes actual material loss or damage.
2. Mandatory Obligations of Government Authorities When Results Are Delayed
Pursuant to Clause 9, Article 19 of Decree No. 61/2018/ND-CP, the law imposes strict requirements on the handling of applications where the processing deadline has been missed:
2.1. Issuance of a Written Apology and Rescheduled Date for Result Delivery
- The competent authority responsible for processing the application must, no later than one day before the deadline stated on the application receipt, notify the One-Stop-Shop Division in writing and issue an Apology Letter and Notice of Rescheduled Date for Result Delivery to the applicant.
- The written notice must clearly state the reason for the delay and the new date on which the result is expected to be delivered.
2.2. The “No More Than One Rescheduling” Principle
- The law expressly provides that the date for result delivery may be rescheduled no more than once.
- An administrative authority may not arbitrarily issue a second or third appointment notice in order to extend the processing period without a lawful basis.
3. What Can Citizens Do When Their Applications Are Overdue?
Where the deadline stated on the application receipt has passed but the applicant has neither received the result nor been provided with a written apology or notice of delay, the applicant may consider taking the following four steps:
3.1. Right No. 1: Request a Record of the Delay and the “Apology Letter”
The applicant may appear in person at the One-Stop-Shop Division and present the appointment slip, requesting that the competent authority:
- Deliver the result immediately if the application has already been processed; or
- If the result is not yet available, make an official record of the delay and immediately provide the applicant with an Apology Letter and Notice of Rescheduled Date for Result Delivery in accordance with Decree No. 61/2018/ND-CP.
The record of the delay and the apology letter may serve as important documentary evidence for subsequent legal proceedings or complaints.
3.2. Right No. 2: Submit Feedback or Recommendations through the National Public Service Portal
Instead of repeatedly visiting the relevant government authority, citizens may submit feedback or recommendations online through:
- The National Public Service Portal, under the Feedback and Recommendations section, or the VNeID application;
- The 1022 hotline/call center operated by centrally administered provinces and cities.
Practical effect: Feedback concerning delayed administrative procedures submitted through the National Public Service Portal may be monitored and supervised by the Government Office and provincial-level People’s Committees. The authority concerned may be required to provide a written explanation and publicly post its response on the system within the prescribed statutory period.
3.3. Right No. 3: Lodge a Complaint Against the Delayed Administrative Act
Pursuant to Clause 1, Article 2 of the Law on Complaints 2011, where a government authority or civil servant fails to process an application or unlawfully extends the statutory processing period, such conduct may constitute an unlawful administrative act.
Procedure:
- The citizen may submit a Complaint Petition to the head of the authority currently processing the application. For example, a complaint may be submitted to the Director of the Land Registration Office or the Chairperson of the district-level People’s Committee, depending on the competent authority.
- The complaint should clearly specify the date of application submission, application receipt/reference number, number of days by which the statutory deadline has been exceeded, and the requests for the application to be finally resolved and for the responsibility of the official causing the delay to be addressed.
Time limit for resolution: The competent person must accept and resolve the complaint and issue a complaint settlement decision within 30 days. For complicated cases, this period may be extended but must not exceed 45 days.
3.4. Right No. 4: Denounce Harassment or Initiate Administrative Proceedings
Denunciation of Officials – Law on Denunciations 2018
Where there are grounds to believe that the official handling the application intentionally “sits on” or deliberately delays the application, shifts responsibility, or otherwise obstructs the process for the purpose of soliciting or demanding improper payments or “facilitation payments”, the citizen may submit a Denunciation Petition to the competent inspectorate or police authority.
Initiation of Administrative Proceedings – Law on Administrative Procedures 2015
A citizen may initiate an administrative lawsuit before the competent People’s Court against an administrative act involving the failure to process an administrative procedure, seeking an order requiring the relevant government authority to cease the unlawful delay and properly perform its statutory duties.
Claim for Compensation – Law on State Compensation Liability 2017
Where an unlawful delay causes the citizen actual and demonstrable damage, the citizen may have the right to seek compensation from the State in accordance with the Law on State Compensation Liability 2017.
For example, where a delay in completing the transfer of land-use rights results in the cancellation of a commercial transaction and the loss of a contractual deposit, the affected person may, subject to the statutory conditions and applicable procedures, seek compensation for the damage caused by the unlawful conduct.
In conclusion, the expiry of an administrative processing deadline does not mean that citizens are required to passively wait for the government authority to resolve their applications. Depending on the nature and circumstances of the delay, citizens may request an official record of the delay, submit feedback or recommendations, lodge a complaint, make a denunciation, initiate administrative proceedings, or seek State compensation where the statutory conditions are satisfied.
Properly identifying the nature of the delay and choosing the appropriate legal mechanism are essential to protecting the applicant’s lawful rights and interests and ensuring that government authorities properly discharge their public duties.
CONTACT LEGAL CONSULTANT:
TLA Law is a leading law firm with a team of highly experienced lawyers specializing in criminal, civil, corporate, marriage and family law, and more. We are committed to providing comprehensive legal support and answering all your legal questions. If you have any further questions, please do not hesitate to contact us.
1. Lawyer Vu Thi Phuong Thanh, Ha Noi Bar Association
Email: vtpthanh@tlalaw.vn
2. Lawyer Tran My Le, Ha Noi Bar Association
Email: tmle@tlalaw.vn
Nguyen Thuy Duong