Chương I Luật tố tụng hành chính 2015: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and tasks of the Law on Administrative Procedures

The Law on Administrative Procedures prescribes fundamental principles in administrative procedures; tasks, powers and responsibilities of procedure-conducting agencies and persons; rights and obligations of procedure participants and related agencies, organizations and individuals; order and procedures for instituting lawsuits, settling administrative cases, executing administrative judgments and settling complaints and denunciations in administrative procedures.

The Law on Administrative Procedures contributes to safeguarding justice, human rights, citizens’ rights, the socialist regime, interests of the State, and lawful rights and interests of agencies, organizations and individuals; educates people in strictly abiding by law; and ensures the stability, continuity and effectiveness of the national administration.

Article 2. Subjects of application and effect of the Law on Administrative Procedures

1. The Law on Administrative Procedures applies to all administrative procedural activities conducted in the territory, including the mainland, islands, maritime zones and air space, of the Socialist Republic of Vietnam.

2. The Law on Administrative Procedures applies to administrative procedural activities conducted overseas by representative 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 agencies, organizations and individuals and international organizations eligible for diplomatic or consular privileges and immunities in accordance with Vietnamese law or treaties to which the Socialist Republic of Vietnam is a contracting party shall be settled through diplomatic channels.

Article 3. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Administrative decision means a document issued by a state administrative agency, another agency or organization assigned to perform the state administrative management or by a competent person in this agency or organization, on a specific matter in administrative management activities, and applicable once to one or a number of specific subjects.

2. Administrative decision over which a lawsuit is instituted means a decision defined in Clause 1 of this Article which gives rise to, changes, restricts or terminates lawful rights and interests of an agency, organization or individual or has a content which gives rise to an obligation or affects lawful rights and interests of an agency, organization or individual.

3. Administrative act means an act taken by a state administrative agency or a competent person in this agency or another agency or organization assigned to perform the state administrative management to or not to perform its/his/her tasks or official duties in accordance with law.

4. Administrative act over which a lawsuit is instituted means an act defined in Clause 3 of this Article which affects the exercise of the lawful rights and interests of an agency, organization or individual.

5. Disciplinary decision on dismissal means a written decision of the head of an agency or organization to apply the disciplinary form of dismissal to a civil servant under his/her management.

6. Internal administrative decisions and acts of an agency or organization means decisions and acts directing and administering the performance of tasks and working plans; managing and organizing personnel and assigned operation funds and assets; examining and inspecting the performance of tasks and official duties or the implementation of policies and laws toward cadres, civil servants, public employees, laborers and units under management by such agency or organization.

7. Involved parties include the plaintiff, defendant and persons with related interests and obligations.

8. Plaintiff means an agency, organization or individual 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 a list of voters to elect National Assembly deputies, a list of voters to elect People’s Council deputies or a list of voters in a referendum (below collectively referred to as voter list).

9. Defendant means an agency, organization or individual 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.

10. Person with related interests and obligations means an agency, organization or individual 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 on his/her/its own initiative or at the request of another involved party as accepted by the people’s court (below referred to as court) or summoned by the court to participate in procedures in the capacity as a person with related interests and obligations.

11. Agencies and organizations include state agencies, political organizations, sociopolitical organizations, socio-political-professional organizations, social organizations, socio-professional organizations, economic organizations, non-business units, people’s armed forces units and other organizations established and operating in accordance with law.

12. Complicated case means a case relating to rights and interests of many persons; having contradictory documents and evidences which need examination, verification, assessment or expert opinions; or involving parties who are foreigners residing abroad or Vietnamese residing, learning or working abroad.

13. Objective obstacles means obstacles caused by objective circumstances rendering persons with interests and obligations unable to know that their lawful rights and interests are infringed upon or to exercise their rights or perform their obligations.

14. Force majeure event means an event that occurs objectively and remains unforeseeable and irremediable despite every necessary measure has been taken within permitted capacity.

Article 4. Compliance with law in administrative procedures

All administrative procedural activities of procedure-conducting agencies and persons, procedure participants and related agencies, organizations and individuals must comply with this Law.

Article 5. Right to request the court to protect lawful rights and interests

Agencies, organizations and individuals have the right to institute administrative lawsuits to request the court to protect their lawful rights and interests in accordance with this Law.

Article 6. Examination and handling of legal documents, administrative documents and acts related to administrative cases

1. In the course of settlement of an administrative case, a court may examine the legality of administrative documents and acts related to those on which the lawsuit is instituted and recommend competent agencies, organizations and individuals to re-examine such administrative documents and acts and notify it of re-examination results in accordance with this Law and other relevant laws.

2. The court may recommend competent agencies and individuals to examine, amend, supplement or annul legal documents when detecting that such documents are contrary to the Constitution, laws or legal documents of superior state agencies in accordance with this Law and other relevant laws in order to ensure lawful rights and interests of agencies, organizations and individuals. Competent agencies and individuals shall notify the court of results of the handling of legal documents recommended to be handled in accordance with law for use as a basis for the court to settle cases.

Article 7. Settlement of matters of damage compensation in administrative cases

1. The plaintiff and persons with related interests and obligations in an administrative case may concurrently claim compensation for damage caused by an administrative decision or act or a disciplinary decision on dismissal, or a decision on settlement of a complaint about a decision on handling of a competition case or a voter list.

The plaintiff and persons with related interests and obligations that claim compensation for damage shall provide documents and evidences. In case of necessity, the court may verify and collect documents and evidences to ensure the accurate settlement of the case.

A claim for compensation for damage in an administrative case shall be settled under regulations on state compensation liability and the civil procedure law.

2. In case an administrative case involves a claim for compensation for damage but under no condition can such claim be proved, the court may separate such claim from this case for subsequent settlement in another civil case in accordance with the civil procedure law.

In case the court has settled the claim for compensation for damage together with the administrative case but its ruling in the judgment on damage compensation is appealed or protested against or quashed by the appellate, cassation or reopening court for first-instance or appellate retrial, the ruling on damage compensation in this case constitutes part of the administrative case. Procedures for handling the ruling on damage compensation which is appealed or protested against or quashed for first-instance or appellate retrial must comply with this Law.

Article 8. Self-determination and discretion of plaintiffs

Agencies, organizations and individuals 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 change, add or withdraw their lawsuit claims and exercise other procedural rights in accordance with this Law.

Article 9. Provision of documents and evidences, burden of proof in administrative procedures

1. Involved parties have the right and obligation to furnish the court with documents and evidences and prove that their claims are grounded and lawful.

Individuals that institute lawsuits or claim the protection of lawful rights and interests of others have the right and obligation to collect and provide documents and evidences and prove their claims like involved parties.

2. The court shall assist involved parties in collecting documents and evidences and collect and verify evidences; request agencies, organizations and individuals to provide documents and evidences to it or involved parties in accordance with this Law.

Article 10. Obligation of competent agencies, organizations and individuals to provide documents and evidences

Agencies, organizations and individuals shall, within the ambit of their tasks and powers, sufficiently and promptly provide involved parties, the court and the people’s procuracy (below referred to as the procuracy) with documents and evidences they are keeping or managing in accordance with this Law when so requested and take responsibility before law for such provision. If they cannot do so, they shall notify such in writing to involved parties, the court and the procuracy, clearly stating the reason.

Article 11. Guarantee of the first-instance and appellate trial regime

1. The first-instance and appellate trial regime is guaranteed, except the trial of administrative cases involving lawsuits over voter lists.

First-instance court judgments and rulings may be appealed or protested against in accordance with this Law.

First-instance court judgments and rulings, if not appealed or protested against according to appellate procedures within the time limit prescribed in this Law, shall become legally effective. For first-instance court judgments or rulings which are appealed or protested against, the cases shall be settled according to appellate procedures. Appellate court judgments and rulings shall be legally effective.

2. For legally effective court judgments and rulings, if law violations or new circumstances are discovered in accordance with this Law, they shall be reviewed according to cassation or reopening procedures.

Article 12. Participation of people’s assessors in the trial of administrative cases

1. The first-instance trial of administrative cases shall be participated by people’s assessors, except the trial conducted according to summary procedures in accordance with this Law.

2. When voting on case settlement rulings, people’s assessors are equal in power to judges.

Article 13. Judges and people’s assessors conduct trial independently and abide by law only

1. Judges and people’s assessors shall conduct trial independently and abide by law only.

2. Agencies, organizations and individuals are prohibited to intervene into trial conducted by judges and people’s assessors in any form.

Article 14. Assurance of impartiality and objectivity in administrative procedures

1. Court chief justices, judges, people’s assessors, verifiers, court clerks, chief procurators, procurators, examiners, interpreters, expert witnesses and members of valuation councils may neither conduct nor participate in procedures if there are grounds to believe that they might neither be impartial nor objective while performing their tasks and powers.

2. The assignment of procedure-conducting persons must ensure they are impartial and objective while performing their tasks and exercising their powers.

Article 15. The court conducts trial on a collegial basis

The court shall conduct trial of administrative cases on a collegial basis and make rulings by majority, unless it conducts trial according to summary procedures.

Article 16. The court conducts trial in a prompt, fair and public manner

1. The court shall promptly conduct trial within the time limit prescribed in this Law, ensuring fairness.

2. The court shall conduct trial in public. In special cases where it is necessary to keep state secrets, preserve fine national traditions or customs, protect minors or keep professional, business or personal secrets at legitimate requests of involved parties, the court may conduct trial behind closed doors.

Article 17. Equality in rights and obligations in administrative procedures

1. In administrative procedures, everyone is equal before law, regardless of his/her nationality, gender, belief, religion, social stratum, educational level, occupation and social position.

2. All agencies, organizations and individuals are equal in exercising their rights and performing their obligations in administrative procedures before the court.

3. The court shall create conditions for agencies, organizations and individuals to exercise their rights and perform their obligations.

Article 18. Assurance of adversarial process in trial

1. The court shall guarantee the exercise by involved parties and defense counsels of lawful rights and interests of involved parties of the right to adversarial process in first-instance, appellate, cassation and reopening trial in accordance with this Law.

2. Involved parties and defense counsels of lawful rights and interests of involved parties may collect, submit and provide documents and evidences after the court accepts the administrative case and shall notify one another of submitted documents and evidences; may present their arguments, counter-arguments and viewpoints on the assessment of evidences and laws applied to defend their claims and lawful rights and interests or to reject claims of others in accordance with this Law.

3. In the course of trial, all documents and evidences shall be examined in an adequate, objective, comprehensive and public manner, except where such documents and evidences may not be publicized in accordance with this Law. The court shall administer the adversarial process, give questions about unclear matters and base itself on adversarial results to make judgments and rulings.

Article 19. Assurance of the right of involved parties to protect their lawful rights and interests

1. Involved parties may protect their lawful rights and interests by themselves or ask lawyers or others who are qualified in accordance with this Law to do so.

2. The court shall assure involved parties of the right to protect their lawful rights and interests.

3. The State shall ensure legal aid for persons eligible for legal aid as defined in the Law on Legal Aid so that they can exercise their right to protect their lawful rights and interests before the court.

4. No one can restrict the right to protect lawful rights and interests of involved parties in administrative procedures.

Article 20. Dialogues in administrative procedures

The court shall organize dialogues between involved parties and create favorable conditions for involved parties to have dialogues on the settlement of their case in accordance with this Law.

Article 21. 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 nations. In this case, interpreters are required.

Administrative procedure participants who are persons with hearing, speech or vision impairment may use languages, signs or letters used exclusively for persons with disabilities. In this case, persons who can hear and speak in languages, signs or letters used exclusively for persons with disabilities are required.

Article 22. Responsibilities of procedure-conducting agencies and persons

1. Procedure-conducting agencies and persons shall respect the People and submit to the People’s supervision.

2. The court has the duty to safeguard justice, human rights, citizens’ rights, the socialist regime, the interests of the State, and the lawful rights and rights of organizations and individuals.

The procuracy has the duty to safeguard the law, human rights, citizens’ rights, the socialist regime, the interests of the State, and the lawful rights and rights of organizations and individuals, thus contributing to ensuring the strict and unified observance of law.

3. Procedure-conducting agencies and persons shall keep state secrets and work secrets in accordance with law; preserve fine national traditions and customs, protect minors, keep professional, business and personal secrets at legitimate requests of involved parties.

4. Procedure-conducting agencies and persons shall be held responsible before law for the performance of their duties and exercise of their powers. Procedure-conducting persons who commit illegal acts shall, depending on the nature and severity of their violations, be disciplined or examined for penal liability in accordance with law.

5. While performing their duties and exercising their powers, if procedure-conducting persons commit illegal acts causing damage to agencies, organizations or individuals, agencies employing such persons shall pay compensations to damage sufferers in accordance with the law on state compensation liability.

Article 23. Assurance of the effect of court judgments and rulings

1. Legally effective court judgments and rulings shall be executed and respected by agencies, organizations and individuals. Related agencies, organizations and individuals shall strictly abide by legally effective court judgments and rulings.

2. Within the ambit of their duties and powers, the court, agencies and organizations assigned with duties 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 duties.

Article 24. Trial supervision

The Supreme People’s Court shall supervise trials conducted by courts; superior people’s courts shall supervise trials conducted by people’s courts of provinces and centrally run cities (below collectively referred to as provincial-level people’s courts), and people’s courts of rural districts, urban districts, towns and cities of provinces and centrally run cities (below collectively referred to as district-level people’s courts) within their territorial jurisdiction in order to ensure the uniform application of law in trial.

Article 25. Supervision of law observance in administrative procedures

1. Procuracies shall supervise the Jaw observance in administrative procedures in order to ensure timely and lawful settlement of administrative cases.

2. 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 rights to make claims, recommendations and protests in accordance with law.

3. For administrative decisions and acts related to the lawful rights and interests of minors or persons who have lost their civil act capacity, have civil act capacity restricted or meet difficulties in the cognition or control of their acts, if these persons have no representatives to institute lawsuits, procuracies may recommend commune-level People’s Committees of localities where these persons reside to appoint guardians to institute administrative lawsuits to protect their lawful rights and interests.

Article 26. Responsibility of the court to deliver documents and papers

1. Courts shall deliver, hand or notify their judgments, rulings, summonses, invitations and other papers in accordance with this Law.

2. Commune-level People’s Committees or related agencies, organizations or individuals shall deliver court judgments, rulings, summonses, invitations and other papers at the requests of the court and notify results of the delivery to the courts.

Article 27. Participation of agencies, organizations and individuals in administrative procedures

Agencies, organizations and individuals have the right and obligation to participate in administrative procedures in accordance with this Law, contributing to the prompt and lawful settlement of administrative cases at court.

Article 28. Assurance of the right to complain and denounce in administrative procedures

Agencies, organizations and individuals have the right to complain about, and individuals have the right to denounce, illegal acts and decisions of procedure-conducting agencies and persons or of any agencies, organizations or individual 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 29. Legal cost, fees and procedural expenses -

Legal cost, fees and procedural expenses must comply with this Law and the law on legal cost and court fee.