Chương V Luật tố tụng hành chính 2015: Các biện pháp khẩn cấp tạm thời

Chapter V

PROVISIONAL URGENT MEASURES

Article 66. Right to request application of provisional urgent measures

1. In the course of settlement of a case, involved parties or their representatives may request the court currently settling the case to apply one or several provisional urgent measures specified in Article 68 of this Law to provisionally deal with urgent requests of involved parties, protect evidences or preserve the current state so as to prevent irremediable damage or to assure the case settlement or judgment execution.

2. In emergency cases when it is necessary to immediately protect evidences or to prevent possible serious consequences, agencies, organizations or individuals may file applications to request competent courts to issue decisions on application of provisional urgent measures specified in Article 68 of this Law simultaneously with the filing of lawsuit petitions with such courts.

3. Requesters for application of provisional urgent measures are not required to pay a security.

Article 67. Competence to decide on application, change or cancellation of provisional urgent measures

1. The application, change or cancellation of provisional urgent measures before the opening of a court hearing shall be considered and decided by a judge.

2. The application, change or cancellation of provisional urgent measures during a court hearing shall be considered and decided by the trial panel.

Article 68. Provisional urgent measures

1. Suspension of execution of administrative decisions, disciplinary decisions on dismissal or decisions on handling of competition cases.

2. Suspension of performance of administrative acts.

3. Ban on or compulsion of performance of certain acts.

Article 69. Suspension of execution of administrative decisions, disciplinary decisions on dismissal or decisions on handling of competition cases

The measure of suspension of execution of an administrative decision, a disciplinary- decision on dismissal or a decision on handling of a competition case shall be applied if in the course of settlement of a case there is a ground to believe that the execution of such decision will lead to irremediable serious consequences.

Article 70. Suspension of performance of administrative acts

The measure of suspension of performance of an administrative act shall be applied when there is a ground to believe that the continued performance of such administrative act will lead to irremediable serious consequences.

Article 71. Ban on or compulsion of performance of certain acts

The measure of ban on or compulsion of performance of certain acts shall be applied if in the course of settlement of a case there is a ground to believe that performance or non-performance of certain acts by an involved party has affected the settlement of the case or the lawful rights and interests of other persons involved in the case being settled by the court.

Article 72. Liability for request for, or application of, provisional urgent measures

1. An involved party that requests the court to issue a decision on application of a provisional urgent measure shall be held responsible before law for his/her request. If he/she is at fault in causing damage, he/she shall pay compensation.

2. The court that applies a provisional urgent measure not true to the request of an involved party, causing damage to the person subject to this measure or to a third party shall pay compensation.

3. The court that applies a provisional urgent measure not within the time limit prescribed by law or fails to apply a provisional urgent measure without a plausible reason, causing damage to the requester for application of such measure shall pay compensation.

4. The payment of compensation under Clauses 2 and 3 of this Article shall be made in accordance with the Law on State Compensation Liability.

Article 73. Procedures for application of provisional urgent measures

1. Persons who request the court to apply provisional urgent measures shall send their written requests to competent courts, enclosed with documents and evidences proving the necessity to apply these measures.

2. A written request for application of a provisional urgent measure must contain the following principal details:

a/ Date of writing the request;

b/ Name, address, telephone number, facsimile number and email address (if any) of the requester;

c/ Name, address, telephone number, facsimile number and email address (if any) of the person against whom the provisional urgent measure is requested to be applied;

d/ Summarized contents of the administrative decision, disciplinary decision on dismissal, decision on settlement of a complaint about a decision on handling of a competition case or administrative act over which the lawsuit is instituted;

dd/ Reason for application of the provisional urgent measure;

e/ Provisional urgent measure which needs to be applied and specific requirements.

3. For a request for application of a provisional urgent measure specified in Clause 1, Article 66 of this Law, the judge assigned to settle the case shall consider and handle the request. Within 48 hours after receiving a request, the judge shall issue a decision on application of a provisional urgent measure. In case of rejecting a request, the judge shall notify such in writing to the requester and same-level procuracy, clearly stating the reason.

In case the trial panel receives a request for application of a provisional urgent measure during a court hearing, it shall consider and issue a decision on immediate application of the provisional urgent measure. In case of rejecting a request, the trial panel shall notify such to the requester, clearly stating the reason, and record such in the court hearing minutes.

4. For a request for application of a provisional urgent measure specified in Clause 2, Article 66 of this Law, after receiving a request enclosed with a lawsuit petition and enclosed documents and evidences, the chief justice shall immediately designate a judge to accept and handle the request. Within 48 hours after receiving a request, the judge shall consider and issue a decision on application of a provisional urgent measure. In case of rejecting a request, the judge shall notify such in writing to the requester and same-level procuracy, clearly stating the reason.

Article 74. Change or cancellation of provisional urgent measures

1. At the request of involved parties, the court shall consider and decide to change provisional urgent measures being applied if deeming such measures no longer appropriate and it is necessary to replace them with other provisional urgent measures.

2. The court shall issue a decision to cancel an applied provisional urgent measure in one of the following cases:

a/ The requester for application of the measure requests the cancellation thereof;

b/ The ground for the application of the provisional urgent measure no longer exists;

c/ The case has been settled with a legally effective court judgment or ruling;

d/ One of the cases in which the court returns the lawsuit petition as prescribed in this Law;

dd/ The case has been terminated under Article 143 of this Law.

3. Procedures for changing or canceling provisional urgent measures must comply with Article 73 of this Law.

Article 75. Effect of decisions on application, chance or cancellation of provisional urgent measures

1. Decisions on application, change or cancellation of provisional urgent measures shall become effective immediately for implementation.

2. The court shall immediately deliver or send decisions on application, change or cancellation of provisional urgent measures to involved parties and procuracy and civil judgment enforcement agency at the same level.

Article 76. Complaints or recommendations about application, change or cancellation of provisional urgent measures

1. Involved parties may file complaints and procuracies may file recommendations with chief justices of courts currently settling cases about decisions on application, change or cancellation of provisional urgent measures or non-issuance of such decisions by judges. The time limit for filing a complaint or recommendation is 3 working days after the receipt of a decision on application, change or cancellation of a provisional urgent measure or of a judge’s notice of non-issuance of such decision.

2. At a court hearing, involved parties may complain and the procuracy may recommend to the trial panel about the application, change or cancellation of a provisional urgent measure or non-application, non-change or non-cancellation of such measure.

Article 77. Settlement of complaints or recommendations about application, change or cancellation of provisional urgent measures

1. Chief justices of courts shall consider and settle complaints or recommendations mentioned in Clause 1, Article 76 of this Law within 3 working days after receiving these complaints or recommendations.

2. Chief justices’ decisions on settlement of complaints or recommendations are final and shall be immediately delivered or sent to involved parties and procuracies and civil judgment enforcement agencies at the same level.

3. The settlement of complaints or recommendations at court hearings falls within the jurisdiction of trial panels. Trial panels’ decisions on settlement of complaints or recommendations are final.