Chương IX Luật tố tụng hành chính 2010: Chuẩn bị xét xử

Chapter IX

TRIAL PREPARATION

Article 117. Time limit for trial preparation

1. The time limit for trial preparation is specified as follows:

a/ Four months after the date of case acceptance, for the case specified at Point a, Clause 2 Article 104 of this Law;

b/ Two months after the date of case acceptance, for the case specified at Point b, Clause 2, Article 104 of this Law;

c/ For complicated cases or cases encountering objective obstacles, the court president may decide to extend the time limit for trial preparation only once for not more than 2 months, for the case specified at Point a, Clause 1 of this Article, and for not more than 1 month, for the case specified at Point b, Clause 1 of this Article.

2. Within the time limit for trial preparation specified, in Clause 1 of this Article, the judge assigned to preside over the court hearing shall issue one of the following decisions:

a/ To bring the case to trial;

b/ To" suspend the settlement of the case;

c/ To terminate the settlement of the case.

3. Within 20 days after the date of issuance of the decision to bring the case to trial, the court shall open a court hearing. With a plausible reason, the time limit for opening a court hearing may be extended but must not exceed 30 days.

Article 118. Suspension of settlement of administrative cases

1. The court shall decide to suspend the settlement of an administrative case in the -following cases:

a/ An involved party being an individual has died or being an agency or organization has been dissolved without any individual, agency or organization inheriting his/her/its procedural rights and obligations;

b/ An involved party being an individual has lost his/her civil act capacity while his/her at-law representative has not been identified;

c/ An involved party cannot be present for a plausible reason upon the expiration of the time limit for trial preparation, except the case in which the trial can be conducted in the absence of involved parties;

e/ Results of the settlement conducted by another agency or of the settlement of another related case or matter need to be waited for.

2. The court shall continue settling an administrative case when the reason for the suspension no longer exists.

3. Decisions on suspension of settlement of administrative cases may be appealed or protested against according to appellate procedures.

Article 119. Consequences of the suspension of settlement of administrative cases

1. The court may not delete the name of an administrative case suspended from settlement from the case acceptance book but shall only note down in this book the number and date of the decision on suspension of the settlement of the administrative case.

2. Court fee and legal cost advances paid by involved parties shall be deposited at the State Treasury and handled when the court resumes the settlement of the administrative case.

Article 120. Termination of settlement of administrative cases

1. The court shall decide to terminate the settlement of an administrative case in the following cases:

a/ The plaintiff being an individual has died while his/her rights and obligations are not inherited; or being an agency or organization has been dissolved without any individual, agency or organization inheriting its procedural rights and obligations:

b/ The plaintiff withdraws the lawsuit petition with the court's approval;

c/ The plaintiff is absent although he/she has been duly summoned twice;

d/ The defendant cancels the administrative decision, disciplinary decision on dismissal or decision on settlement of a complaint about a decision on handling of a competition case, or terminates the administrative act over which the lawsuit is instituted, and the plaintiff agrees to withdraw the lawsuit petition and persons with related interests and obligations who have made independent claims agree to withdraw their claims;

e/ The cases specified in Clause 1, Article 109 of this Law in which the court has accepted the case.

2. Upon the issuance of a decision to terminate the settlement of a case, the court shall return the lawsuit petition, documents and evidence to involved parties if they so request.

3. Decisions on termination of the settlement of administrative cases may be appealed or protested against according to appellate procedures.

Article 121. Consequences of the termination of settlement of administrative cases

1. When a decision on termination of settlement of an administrative case is issued, involved parties have no right to institute a lawsuit requesting the court to resettle this administrative case if the subsequent lawsuit does not bring any difference from the previous one regarding the plaintiff, the defendant and the disputed legal relation, except the cases subject to termination under Points b, d and g. Clause 1, Article 109, Points b and c, Clause 1, Article 120 of this Law and other cases specified by law.

2. Court fee and legal cost advances paid by involved parties shall be handled under the law on court fees and legal costs.

Article 122. Competence to issue decisions on suspension or termination of settlement of administrative cases

1. Judges assigned to settle administrative cases are competent to issue decisions on suspension or termination of settlement of these cases.

2. Within 5 working days after issuing a decision specified in Clause 1 of this Article, the court shall send such decision to involved parties and the same-level procuracy.

Article 123. Decisions to bring cases to trial

1. A decision to bring a case to trial must contain the following principal contents:

a/ Date and venue of opening the court hearing;

b/ Public or behind-closed-door trial;

c/ Names and addresses of procedure participants;

d/ Contents of the lawsuit;

e/ Full names of judges, people's jurors, court clerk, procurators, and alternative judges, people's jurors and procurators (if any).

2. Decisions to bring cases to trial shall be sent to involved parties and same-level procuracies immediately after they are issued.

Article 124. Sending of case files to procuracies for study

Courts shall send case files together with decisions to bring cases to trial to same-level procuracies for study. Within 15 days after receiving a case file, the procuracy shall return it to the court.