Chương II Luật tố tụng hành chính 2010: Thẩm quyền của Tòa án

Chapter II

JURISDICTION OF COURTS

Article 28. Lawsuits under jurisdiction of courts

1. Lawsuits over administrative decisions or acts, except those pertaining to state secrets in the fields of national defense, security and foreign affairs as classified by the Government and those of internal nature of agencies and organizations.

2. Lawsuits over lists of voters to elect deputies to the National Assembly or to People's Councils.

3. Lawsuits over disciplinary decisions on dismissal of civil servants holding the post of general director of a general department or equivalent or lower posts.

4. Lawsuits over decisions on settlement of complaints about decisions on handling of competition cases.

Article 29. Jurisdiction of people's courts of districts, towns or provincial cities

People's courts of districts, towns or provincial cities (below collectively referred to as district-level courts) shall settle according to first-instance procedures the following lawsuits:

1. Lawsuits over administrative decisions or acts of state agencies at the district or lower level within the same administrative boundaries with courts or of competent persons in these state agencies;

2. Lawsuits over disciplinary decisions on dismissal of civil servants under the management of agencies or organizations at the district or lower level within the same administrative boundaries with courts, issued by heads of these agencies or organizations;

3. Lawsuits over lists of voters to elect deputies to the National Assembly or to People's Councils made by agencies in charge of making voter lists within the same administrative boundaries with courts.

Article 30. Jurisdiction of people's courts of provinces and centrally run cities

1. People's courts of provinces and centrally run cities (below collectively referred to as provincial-level courts) shall settle according to first-instance procedures the following lawsuits:

a/ Lawsuits over administrative decisions or acts of ministries, ministerial-level agencies, government-attached agencies, the Presidential Office, the Office of the National Assembly, the State Audit, the Supreme People's Court and the Supreme People's Procuracy, and administrative decisions or acts of competent persons in these agencies, which are filed by plaintiffs whose places of residence, workplaces or offices are located within the same administrative boundaries with the courts. In case plaintiffs have no places of residence, workplaces or offices in the Vietnamese territory, courts of localities in which agencies or persons competent to issue administrative decisions or acts are located have jurisdiction to settle these lawsuits;

b/ Lawsuits over administrative decisions or acts of state agencies among those specified at Point a of this Clause, and administrative decisions or acts of competent persons in these agencies, which are filed by plaintiffs whose places of residence, workplaces or offices are located within the same administrative boundaries with the courts. In case plaintiffs have no places of residence, workplaces or offices in the Vietnamese territory, courts of localities in which agencies or persons competent to issue administrative decisions or acts are located have jurisdiction to settle these lawsuits;

c/ Lawsuits over administrative decisions or acts of provincial-level state agencies within the same administrative boundaries with the courts and of competent persons in these state agencies;

d/ Lawsuits over administrative decisions or acts of overseas diplomatic missions of the Socialist Republic of Vietnam or of competent persons in these missions, which are filed by plaintiffs whose places of residence are located within the same administrative boundaries with the courts. In case plaintiffs have no places of residence in Vietnam, the People's Court of Hanoi city or Ho Chi Minh City has jurisdiction to settle these lawsuits;

e/ Lawsuits over disciplinary decisions on dismissal issued by heads of provincial, ministerial or central agencies or organizations, which are filed by plaintiffs whose workplaces by the time of disciplining are located within the same administrative boundaries with the courts;

f/ Lawsuits over decisions on settlement of complaints about decisions on handling of competition cases, which are filed by plaintiffs whose places of residence, workplaces or offices are located within the same administrative boundaries with the courts;

g/ When necessary, provincial-level courts may pick up lawsuits under jurisdiction of district-level courts for settlement.

2. The Supreme People's Court shall guide the implementation of this Article.

Article 31. Determination of jurisdiction in case both complaint and lawsuit petition are filed

1. In case a plaintiff files a petition to institute an administrative lawsuit at a competent court and concurrently files a complaint with a person competent to settle complaints, the plaintiff may choose the jurisdiction to settle the case.

2. The Supreme People's Court shall guide the implementation of this Article.

Article 32. Transfer of cases to other courts and settlement of disputes over jurisdiction

1. Before deciding to bring a case to trial, if finding that the case does not fall under its jurisdiction, a court shall issue a decision to transfer the case file to a competent court and delete it from the book of case acceptance. This decision shall be promptly sent to the involved parties and the same-level procuracy.

An involved party may file a complaint and the same-level procuracy may file a protest against such decision within 3 working days after receiving it. Within 3 working days after receiving a complaint or protest, the court president that has issued the decision to transfer the administrative case shall settle the complaint or protest. The decision of the court president is final.

2. Disputes over jurisdiction to settle administrative cases between district-level courts in the same province or centrally run city shall be settled by the president of the provincial-level court.

Disputes over jurisdiction to settle an administrative case between district-level courts in different provinces or centrally run cities or between provincial-level courts shall be settled by the President of the Supreme People's Court.

3. The Supreme People's Court shall guide the implementation of this Article.

Article 33. Consolidation or split-up of administrative cases

1. A. court may consolidate two or more cases it has separately accepted into a sole case for settlement.

2. A court may split up a case involving different, claims into two or more cases for settlement.

3. Upon consolidating cases or splitting up a case under Clause 1 or 2 of this Article, the court that has accepted this case shall issue a decision to this effect and promptly send it to the involved parties and same-level procuracy.

4. The Supreme People's Court shall guide the implementation of this Article.