Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Law provides for fundamental principles in administrative procedures; tasks, powers and responsibilities of procedure-conducting agencies and persons; rights and obligations of procedure participants and related individuals, agencies, organizations; order and procedures for instituting lawsuits, settling administrative cases, enforcing administrative judgments and settling complaints and denunciations in administrative procedures.
Article 2. Effect of the Law on Administrative Procedures
1. The Law on Administrative Procedures applies to all administrative procedural activities conducted in the territory of the Socialist Republic of Vietnam.
2. The Law on Administrative Procedures applies to administrative procedural activities conducted by overseas diplomatic missions of the Socialist Republic of Vietnam.
3. The Law on Administrative Procedures applies to the settlement of administrative cases involving foreign elements. In case a treaty to which the Socialist Republic of Vietnam is a contracting party otherwise provides, such treaty will prevail.
4. Administrative cases involving foreign individuals, agencies and organizations and international organizations eligible for diplomatic or consular privileges and immunities under Vietnamese law or treaties to which the Socialist Republic of Vietnam is a contracting party shall be handled through diplomatic channels.
Article 3. Interpretation of terms
In this Law, the terms and phrases below are construed as follows:
1. Administrative decision means a document issued by a state administrative agency, another agency or organization or a competent person in this agency or organization, deciding on a specific matter in administrative management activities, and applicable once to one or a number of specific subjects.
2. Administrative act means an act taken by a state administrative agency, another agency or organization or a competent person in this agency or organization to perform or not to perform its/his/her task or official duty under law.
3. Disciplinary decision on dismissal means a document presented in the form of decision of the head of an agency or organization to apply the disciplinary form of dismissal to a civil servant under his/her management.
4. Internal administrative decisions and acts of an agency or organization means decisions and acts taken to manage, direct and administer the performance of the functions and tasks within this agency or organization.
5. Involved parties include the plaintiff, defendant and persons with related interests and obligations.
6. Plaintiff means an individual, agency or organization that institutes an administrative lawsuit over an administrative decision or act, a disciplinary decision on dismissal, a decision on settlement of a complaint about a decision on handling of a competition case, or over the making of a voter list.
7. Defendant means an individual, agency or organization that has made an administrative decision, taken an administrative act or issued a disciplinary decision on dismissal, a decision on settlement of a complaint about a decision on handling of a competition case or made a voter list over which a lawsuit is instituted.
8. Person with related interests and obligations means an individual, agency or organization that, though being neither the plaintiff nor the defendant, has his/her/its interests and obligations related to the settlement of an administrative case and, therefore, participates at his/her/its own initiative or at the request of another involved party approved by the court or on summoned by the court to participate in procedures in the capacity as a person with related interests and obligations.
9. Agencies and organizations include state agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations, economic organizations, non-business units and people's armed forces units.
Article 4. Assurance of socialist legality in administrative procedures
All administrative procedural activities of procedure-conducting persons, procedure participants, and related individuals, agencies and organizations must comply with this Law.
Article 5. Right to request the court to protect rights and legitimate interests
Individuals, agencies and organizations may institute administrative lawsuits to request the court to protect their rights and legitimate interests under this Law.
Article 6. Settlement of matters of compensation in administrative cases
The plaintiff and persons with related interests and obligations in an administrative case may concurrently claim compensation for damage. In this case, regulations on the State's compensation liability and the law on civil procedures shall be applied to the settlement of claims for compensation for damage.
In case an administrative case involves a claim for compensation for damage but under no condition can such claim be proven, the court may separate such claim from this case for subsequent settlement in another civil case under law.
Article 7. Self-determination and discretion of plaintiffs
Individuals, agencies and organizations may decide to institute administrative lawsuits. Courts shall accept administrative cases for settlement only when lawsuit petitions are filed by plaintiffs. In the course of settlement of administrative cases, plaintiffs may withdraw, change or add their lawsuit claims under this Law.
Article 8. Burden of proof in administrative procedures
1. Involved parties have the right and obligation to furnish the court with evidence and prove that their claims are grounded and lawful.
2. The court shall verify and collect evidence in the cases specified by this Law.
Article 9. Responsibility of competent individuals, agencies and organizations to provide documents and evidence
Individuals, agencies and organizations shall, within the ambit of their tasks and powers, sufficiently and promptly provide involved parties, the court and the procuracy with documents and evidence they are keeping or managing at the request of the involved parties. In case they cannot do so, they shall notify such in writing to involved parties, the court and the procuracy, clearly stating the reason.
Article 10. Equality in rights and obligations in administrative procedures
1. All citizens arc equal before law and the court, regardless of their nationality, sex, social strata, belief, religion, educational level and occupation.
2. All agencies and organizations are equal, regardless of their forms of organization and ownership and other matters.
3. Involved parties are equal in their rights and obligations in the course of settlement of an administrative case. The court shall create conditions for them to exercise their rights and fulfill their obligations.
Article 11. Assurance of the right of involved parties to protect their rights and legitimate interests
1. Involved parties may protect their rights and legitimate interests by themselves or ask lawyers or others to do so.
2. The court shall assure involved parties of the right to protect their rights and legitimate interests.
Article 12. Dialogues in administrative procedures
In the course of settlement of an administrative case, the court shall create conditions for involved parties to have dialogues on the settlement of their case.
Article 13. People's jurors' participation in the trial of administrative cases
The trial of administrative cases shall be participated by people's jurors in accordance with this Law. In the course of trial people's jurors are equal in power to judges.
Article 14. Judges and people's jurors conduct trial independently and abide by law only
In the course of trial of an administrative case, judges and people's jurors are independent and abide by law only.
All acts of intervening or hindering judges and people's jurors from performing their tasks are prohibited.
Article 15. Responsibilities of administrative procedure-conducting agencies and persons
1. Administrative procedure-conducting agencies and persons shall respect the people and Submit' to the people's supervision.
2. Administrative procedure-conducting agencies and persons shall be held responsible before law for the performance of their tasks and powers. In case procedure-conducting persons commit law violations, they shall, depending on the nature and severity of their violations, be disciplined or examined for penal liability under law.
3. Administrative procedure-conducting agencies and persons shall keep state secrets and work secrets under law; preserve fine national customs and traditions; keep professional, business and privacy secrets of involved parties upon their legitimate requests.
4. When administrative procedure- conducting persons commit illegal acts causing damage to individuals, agencies or organizations, agencies employing such persons shall pay compensations for damage to damaged parties. under the law on the State's compensation liability.
Article 16. The court conducts trial on a collegial basis
The court shall conduct trial of administrative cases on a collegial basis and make decisions by majority.
Article 17. Public trial
The trial of administrative cases shall be conducted in public. In case of necessity to keep state secrets or secrets of involved parties upon their legitimate requests, the court shall conduct trial behind closed doors but shall pronounce the judgment publicly.
Article 18. Assurance of impartiality of administrative procedure-conducting persons or administrative procedure participants
Court presidents, judges, people's jurors, court clerks, procuracy directors, procurators, interpreters and experts may not conduct or participate in procedures if there are plausible grounds to believe that they might not be impartial while performing their tasks and powers.
Article 19. Implementation of the two-tier trial regime
1. The court shall implement the regime of two-tier trial of administrative cases, except the trial of administrative cases involving complaints about a list of voters to elect deputies to the National Assembly or a list of voters to elect deputies to People's Councils. Judgments and rulings rendered by first-instance courts may be appealed or protested against under this Law.
First-instance judgments and rulings, if not appealed or protested against according to appellate procedures within the time limit specified in this Law, shall be legally effective. For first-instance judgments or rulings which are appealed or protested against, the cases shall be settled according to appellate procedures. Appellate judgments and rulings shall be legally effective.
2. For legally effective court judgments and rulings, if law violations or new circumstances are discovered, they shall be reviewed according to cassation or reopening procedures under this Law.
Article 20. Trial supervision
Superior courts shall supervise trials conducted by subordinate courts and the Supreme People's Court shall supervise trials conducted by courts at all levels in order to assure the strict and uniform application of law.
Article 21. Assurance of the effect of court judgments and rulings
Legally effective court judgments and rulings on administrative cases shall be executed and respected by individuals, agencies and organizations.
Individuals, agencies and organizations that are obliged to execute court judgments and rulings shall strictly do so.
Within the ambit of their tasks and powers, courts, agencies and organizations assigned with tasks related to the execution of court judgments and rulings shall strictly execute these judgments and rulings and be held responsible before law for their performance of these tasks.
Article 22. Spoken and written languages used in administrative procedures
The spoken and written language used in administrative procedures is Vietnamese.
Administrative procedure participants may use spoken and written languages of their nationalities. In this case, interpreters are required.
Article 23. Supervision of law observance in administrative procedures
1. People's procuracies shall supervise the law observance in administrative procedures in order to assure timely and lawful settlement of administrative cases.
2. People's procuracies shall supervise administrative cases from the time of acceptance for settlement to the time of completion of the settlement; participate in court hearings and sessions; supervise the law observance in the execution of court judgments and rulings; and exercise the right to make requests, recommendations and protests under law.
3. For administrative decisions and acts related to the rights and legitimate interests of minors or persons who have lost their civil act capacity, if these persons have no representatives to institute lawsuits, procuracies may request People's Committees of communes, wards and townships (below collectively referred to as commune-level People's Committees) in which these persons reside to appoint guardians to institute administrative lawsuits to protect their rights and legitimate interests.
Article 24. Responsibility of the court to deliver documents and papers
1. Courts shall deliver directly or send by post their judgments, rulings, summonses and other papers related to administrative procedure participants to these persons under this Law.
2. If it is impossible to deliver directly or send by post judgments, rulings, summonses and other papers to administrative procedure participants, courts shall deliver these documents and papers to commune-level People's Committees of localities in which these persons reside or to agencies or organizations in which these persons work for delivery to these persons.
Commune-level People's Committees of localities in which administrative procedure participants reside or agencies or organizations in which these persons work shall notify courts of results of delivery of court judgments, rulings, summonses and other papers within 5 working days after receiving requests of courts. For mountainous, border, island, deep-lying and remote areas, this time limit is 10 working days.
Article 25. Participation of individuals, agencies and organizations in administrative procedures
Individuals, agencies and organizations have the right and obligation to participate in administrative procedures under this Law and contribute. to promptly and lawfully settling administrative cases at court.
Article 26. Assurance of the right to complain and denounce in administrative procedures
Individuals, agencies and organizations have the right to complain about, and individuals have the right to denounce illegal acts of administrative procedure-conducting agencies and persons or of any individuals, agencies or organizations in administrative procedural activities.
Competent agencies, organizations and individuals shall receive, consider and settle in a timely and lawful manner complaints and denunciations; and notify in writing settlement results to complainants and denouncers.
Article 27. Court fees and legal fees and costs
Court fees and legal fees and costs comply with law.
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Luật tố tụng hành chính 2010 (Bản Word)
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