Receiving an administrative land-violation penalty decision you consider unjust, miscalculated or ultra vires — FDI enterprises have a legal tool to react: the administrative complaint. The problem is most enterprises know they “may complain” but miss the two-tier procedure, the time limits, and the trap that “a complaint does not suspend enforcement” — the three points that decide the whole case.
Who may complain and the time limit
Under the 2011 Law on Complaints (13/2011/QH13, effective 1 July 2012 and still in force as of 20 October 2026), organisations and individuals may complain about an administrative decision where there are grounds that it is unlawful and infringes their lawful rights and interests. The complaint time limit is 90 days from receipt of or learning about the challenged decision. For land penalties — usually signed by commune/ward or provincial People’s Committee chairpersons or specialised inspectorate chiefs — the 90 days run from the enterprise’s receipt, so keeping the delivery record is vital. Past the limit without a justified reason, the complaint is refused.
The two-tier complaint procedure
First tier: file with the very person who issued the penalty decision, or their direct superior managing body. The first-tier resolver must accept the case and decide within 30 days of acceptance (no more than 45 for complex cases). Second tier: if dissatisfied, complain to the direct superior of the first-tier resolver, with a similar resolution deadline. The complaint must state the complainant’s name and address, the challenged decision, grounds and requested remedy, with evidence — a vague “please reconsider” letter is almost certain to be rejected for lack of grounds.
Does a complaint suspend enforcement of the penalty?
This is the most misunderstood point. A complaint does not suspend enforcement of the challenged administrative decision — while waiting, the enterprise must still pay the fine and complete remedial measures within the decision’s deadline. The only exception: the complaint resolver may order a temporary suspension where enforcement would cause hard-to-remedy consequences. In practice that is rare; the right strategy is to complain and simultaneously comply with the deadline, avoiding compulsory enforcement, extra costs, and preserved complaint grounds.
If the complaint fails, what remains
After a second-tier resolution the enterprise still disagrees with — or an expired resolution deadline with no decision — it may sue in an administrative case under the 2015 Law on Administrative Procedures, with a one-year limitation from receipt of the second-tier decision (or expiry of the resolution deadline). Practical note for foreign investors: all complaint and court filings are in Vietnamese; foreign-language documents need notarised translation; engage a lawyer or a representative versed in Vietnamese administrative procedure from the first tier, because late evidence is harder to admit in court.
Frequently asked questions
1. Where to complain about a land penalty decision?
First tier: the issuer of the penalty decision or their direct superior managing body; second tier: the direct superior of the first-tier resolver — under the 2011 Law on Complaints.
2. What is the time limit for complaining?
90 days from receipt of or learning about the penalty decision. Past the limit without justified reason, the complaint is refused — keep the delivery record.
3. Does complaining suspend enforcement of the penalty?
No. A complaint does not suspend enforcement; the enterprise must still pay and remediate on time. Only a temporary suspension ordered by the complaint resolver (where enforcement would cause hard-to-remedy consequences) stops it.
4. Can a failed complaint go to the administrative court?
Yes. After the second-tier decision (or an expired deadline with no decision), the enterprise may file an administrative lawsuit under the 2015 Law on Administrative Procedures, within one year.
Key takeaways for investors
- Complaint time limit: 90 days from receipt/knowledge of the decision — do not let it lapse.
- Two tiers: first-tier resolution within 30 days (complex cases 45).
- A complaint does not suspend enforcement — pay and remediate on time anyway.
- If unsuccessful, sue administratively within one year; filings in Vietnamese, engage counsel early.
