Chương XI Luật tố tụng hành chính 2015: Phiên tòa sơ thẩm

Chapter XI

FIRST-INSTANCE COURT HEARINGS

Section 1. GENERAL REQUIREMENTS ON FIRST-INSTANCE COURT HEARINGS

Article 148. General requirements on first-instance court hearings

A first-instance court hearing shall be conducted at the time and venue indicated in the decision to bring a case to trial or in the notice of resumption of the court hearing in case of postponement of the court hearing.

Article 149. Time limit for opening court hearings

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

Article 150. Venues of court hearings

Court hearings may be held inside or outside courthouses but must ensure the solemnity and decoration of courtrooms prescribed in Article 151 of this Law.

Article 151. Decoration of courtrooms

1. The national emblem of the Socialist Republic of Vietnam shall be put up in the middle of the space above the courtroom and seats of the trial panel.

2. The courtroom must have areas exclusively reserved for the trial panel, procurator, court clerk, involved parties, defense counsels of lawful rights and interests of involved parties, other procedure participants and court hearing participants.

Article 152. Direct and oral trial

1. The trial shall be conducted orally and proceed in courtrooms.

2. The trial panel shall directly ascertain circumstances of the case during a court hearing by questioning and listening to presentations and direct arguments on circumstances and evidences of the case of the plaintiff, defendant, persons with interests and obligations related to the case, lawful representatives, and defense counsels of the lawful rights and interests, of involved parties, other procedure participants, and agencies and organizations invited to participate in the court hearing, and listen to the procuracy’s opinions presented by a procurator.

Article 153. Internal rules of court hearings

1. When entering the courtroom, everyone shall submit to security check by the force responsible for protecting the court hearing.

2. It is prohibited to bring into the courtroom weapons, explosives, flammables, toxic substances, radioactive substances, objects banned from circulation, propaganda leaflets, slogans and other documents and objects that may affect the solemnity of the court hearing, except exhibits of the case to serve the trial or weapons and supporting tools carried by competent persons to perform the duty of protecting the court hearing.

3. Participants in the court hearing summoned by the court shall produce their summons, invitations or other related papers to the court clerk at the clerk desk at least 15 minutes before the court hearing is opened and take their seats in the courtroom as instructed by the court clerk. Those to come late shall produce their summons, invitations or other related papers to the court clerk through the force responsible for protecting the court hearing.

4. Journalists attending the court hearing to report shall obey the presiding judge’s instructions on the press box. Journalists who record speeches and take photos of the trial panel shall obtain approval of the presiding judge. The recording of speeches and taking of photos of involved parties and other procedure participants are subject to consent of these persons.

5. All participants in a court hearing must be properly dressed, show respect toward the trial panel, keep order and obey instructions of the presiding judge.

6. Persons may not wear hats and color glasses in the courtroom, unless they have plausible reasons and are permitted by the presiding judge to do so; use of cell phones, smoking, eating, drinking and other acts affecting the solemnity of the court hearing are not allowed in the courtroom.

7. All participants in a court hearing who are summoned by the court shall be present at the court hearing throughout the course of trial, unless they are permitted by the presiding judge to leave the courtroom for plausible reasons.

Under-16 persons may not enter the courtroom, unless they are summoned by the court to participate in the court hearing.

8. All people present in the courtroom shall rise when the trial panel enters the courtroom and when judgments are pronounced, unless they are permitted by the presiding judge to stay seated.

9. Only persons who are permitted by the trial panel may raise or answer questions or give statements. Persons shall stand while raising or answering questions or giving statements, unless they are permitted by the presiding judge to stay seated for poor health.

Article 154. Composition of first-instance trial panels

A first-instance trial panel is composed of one judge and two people’s assessors, except the case specified in Clause 1, Article 249 of this Law. A first-instance trial panel may be composed of two judges and three people’s assessors in the following cases:

1. A lawsuit is instituted over an administrative decision or act of a provincial-level People’s Committee or provincial-level People’s Committee chairperson which is related to many subjects;

2. A complicated case.

Article 155. Presence of members of trial panels and court clerks

1. A court hearing can be conducted only when all members of the trial panel and the court clerk are present.

2. In case a judge or people’s assessor is absent or unable to continue participating in the trial of the case but there is an alternative judge or people’s assessor attending the court hearing from the beginning, the latter may replace the absent member of the trial panel in participating in the trial of the case.

3. In case there is no alternative judge or people’s assessor to replace the absent member of the trial panel under Clause 2 of this Article, the court hearing shall be postponed.

4. In case the court clerk is absent or unable to continue participating in the court hearing and there is no replacement, the court hearing shall be postponed.

Article 156. Presence of procurators

1. Procurators who are assigned by the chief procurator of the same-level procuracy shall participate in a court hearing. If they are absent, the trial panel shall still proceed with the court hearing.

2. In case a procurator is replaced during, or unable to continue participating in, a court hearing but there is an alternative procurator present at the court hearing from the beginning, such alternative procurator may continue participating in the trial of the case.

Article 157. Presence of involved parties, their representatives and defense counsels of their lawful rights and interests

1. When being duly summoned by the court for the first time, involved parties, their representatives and defense counsels of their lawful rights and interests shall be present at the court hearing. If any of these persons is absent, the trial panel shall postpone the court hearing, unless the absent person files a written request for trial to be conducted in his/her absence.

The court shall notify involved parties, their representatives and defense counsels of their lawful rights and interests of the postponement of the court hearing.

2. When being duly summoned by the court for the second time, involved parties, their representatives and defense counsels of their lawful rights and interests must be present at the court hearing. The case in which they are absent not for force majeure events or objective obstacles shall be handled as follows:

a/ Plaintiffs or their at-law representatives who have no representatives to participate in court hearings shall be regarded as having waived their lawsuits and the court shall issue decisions on termination of the settlement of cases with regard to their lawsuit claims, unless they request in writing trial to be conducted in their absence. Plaintiffs may institute lawsuits again, provided that the statute of limitations for lawsuit institution has not yet expired;

b/ For defendants or persons with related interests and obligations who make no independent claims and have no representatives to participate in court hearings, the court shall still conduct trial in their absence;

c/ Persons with related interests and obligations who make independent claims and have no representatives to participate in court hearings shall be regarded as having waived their independent claims and the court shall issue decisions on termination of the settlement of cases with regard to their independent claims, unless they request in writing trial to be conducted in their absence. Persons with related interests and obligations who make independent claims may institute lawsuits again with regard to their claims, provided that the statute of limitations for lawsuit institution has not yet expired;

d/ For defense counsels of the lawful rights and interests of involved parties, the court shall still conduct trial in their absence.

Article 158. Trial in absence of involved parties from court hearings

The court shall still conduct trial of a case in the following cases:

1. The plaintiff, defendant, persons with related interests and obligations and their representatives that are absent from the court hearing request in writing the court to conduct trial in their absence;

2. The plaintiff, defendant or persons with related interests and obligations that are absent from the court hearing have their representatives participating in the court hearing;

3. The cases specified at Points b and d, Clause 2, Article 157 of this Law.

Article 159. Presence of witnesses

1. Witnesses are obliged to participate in court hearings when summoned by the court to present circumstances of cases which they know. In case witnesses are absent but have earlier given their testimonies in person or sent their testimonies to the court, presiding judges of court hearings shall disclose these testimonies.

2. In case witnesses are absent, the trial panel shall decide to postpone the court hearing or to continue with the trial. In case witnesses are absent from the court hearing without a plausible reason and their absence impedes the trial, they may be escorted to the court hearing under decisions of the trial panel.

Article 160. Presence of expert witnesses

1. Expert witnesses are obliged to participate in court hearings when summoned by the court to clarify matters related to the expert examination and expert examination conclusions.

2. In case expert witnesses are absent, the trial panel shall decide to postpone the court hearing or to continue with the trial.

Article 161. Presence of interpreters

1. Interpreters are obliged to participate in court hearings when summoned by the court.

2. In case interpreters are absent without any replacements, the trial panel shall decide to postpone the court hearing.

Article 162. Postponement of court hearings

1. Cases in which a court hearing shall be postponed:

a/ The cases specified in Clauses 3 and 4, Article 155; Clause 1, Article 157; and Clause 2, Article 161, of this Law;

b/ A trial panel member, court clerk or interpreter is changed without any immediate replacement;

c/ An expert re-examination is required under Article 170 of this Law.

2. Cases of postponement of court hearings specified in Clauses 2, Article 159, and Clause 2, Article 160, of this Law.

Article 163. Duration of, decisions on and competence for postponement of court hearings

1. The duration of postponement of a first-instance court hearing must not exceed 30 days after the trial panel issues the postponement decision, or 15 days for a first-instance court hearing conducted according to summary procedures.

2. A decision on postponement of a court hearing must have the following principal contents:

a/ Date of issuance;

b/ Name of the court and full names of procedure-conducting persons;

c/ Case to be tried;

d/ Reason(s) for postponement;

dd/ Time and venue for resumption of the court hearing.

3. The court hearing postponement decision shall be signed by the presiding judge of the court hearing on behalf of the trial panel. In case the presiding judge of the court hearing is absent, the chief justice of the court shall issue a court hearing postponement decision. The court hearing postponement decision shall be immediately notified to procedure participants. For absent persons, the court shall immediately send the decision to them and concurrently to the same-level procuracy.

4. After postponing a court hearing, if the court cannot resume it at the time and venue indicated in the court hearing postponement decision, it shall immediately notify the same-level procuracy and procedure participants of the time and venue for resuming the court hearing.

Article 164. Procedures for rendering court judgments and rulings at court hearings

1. A judgment shall be discussed and passed by the trial panel in the deliberation room.

2. A decision to change a procedure-conducting person, an expert witness or interpreter, transfer the case, suspend or terminate the settlement of the case, or postpone the court hearing shall be discussed and passed in the deliberation room and made in writing.

3. A decision on other matters shall be discussed and passed by the trial panel in the courtroom, is not required to be made in writing but shall be recorded in the minutes of the court hearing.

Article 165. Suspension or termination of the settlement of cases at court hearings

1. At a court hearing, if any of the cases specified at Points a, b, c, d and e, Clause 1, Article 141 of this Law occurs, the trial panel shall issue a decision on suspension of the settlement of the case.

2. At a court hearing, if any of the cases specified in Clause 1, Article 143 of this Law occurs, the trial panel shall issue a decision on termination of the settlement of the case.

3. In case an involved party produces a new administrative decision which is related to the decision over which the lawsuit is instituted and does not fall under the jurisdiction of the court currently conducting the first-instance trial of the case, the trial panel shall terminate the trial and transfer the case file to a competent court.

Article 166. Minutes of court hearings

1. The minutes of a court hearing must fully indicate the following contents:

a/ The contents specified in Clause 1, Article 146 of this Law;

b/ All proceedings at the court hearing from the beginning to the end;

c/ Questions, answers and statements at the court hearing;

d/ Other contents which must be recorded in the minutes in accordance with this Law.

2. In addition to recording the minutes, the court may audio-record and video-record proceedings at the court hearing.

3. At the end of the court hearing, the trial panel shall examine the minutes, and the presiding judge of the court hearing and the court clerk shall sign it.

4. Procurators and procedure participants may have a look at the minutes of the court hearing and request the recording of modifications and supplementations in the minutes and sign it for certification.

Article 167. Preparations for opening of court hearings

Before a court hearing is opened, the court clerk shall:

1. Announce internal rules of the court hearing;

2. Check and identify the presence of court hearing participants who are summoned by the court. If any person is absent, the reason for the absence shall be clarified;

3. Maintain order in the courtroom;

4. Order all people present in the court room to rise when the trial panel enters the courtroom.

Article 168. Procedures for conducting trial in the absence of all procedure participants

1. The court may base itself on documents and evidences included in a case file to conduct trial in the absence of involved parties or procedure participants in accordance with this Law when the following conditions are fully satisfied:

a/ The plaintiff or his/her/its lawful representative requests in writing trial to be conducted in his/her/its absence;

b/ The defendant, a person with related interests and obligations, or his/her/its lawful representative requests in writing trial to be conducted in his/her/its absence or is still absent after being duly summoned twice;

c/ The defense counsel of lawful rights and interests of the plaintiff, defendant or person with related interests and obligations requests in writing trial to be conducted in his/her/its absence or is still absent after being duly summoned twice.

2. The presiding judge of the court hearing shall announce reasons for the absence of involved parties or their written requests for trial to be conducted in their absence.

3. The presiding judge of the court hearing shall briefly announce contents of the case and documents and evidences included in the case file. The trial panel shall discuss matters to be settled in the case.

4. The procurator shall present opinions of the procuracy.

5. The trial panel shall deliberate and pronounce judgments in accordance with this Law.

Section 2. PROCEDURES FOR COMMENCING COURT HEARINGS

Article 169. Opening of court hearings

1. The presiding judge shall open the court hearing and read out the decision to bring the case to trial.

2. The court clerk shall report to the trial panel on the presence or absence of court hearing participants who have been summoned by the court and reason(s) for their absence.

3. The presiding judge shall re-check the presence of the court hearing participants who have been summoned by the court and check the identity cards of involved parties.

4. The presiding judge shall announce the rights and obligations of involved parties and other procedure participants.

5. The presiding judge shall introduce full names of members of the trial panel, court clerk, procurator, expert witness and interpreter.

6. The presiding judge shall ask persons who have the right to request change of produce-conducting persons and interpreters to see if they request any change; and ask persons who have the right over expert witnesses about whether the expert witness has violated the provisions of Clause 3, Article 63 of this Law.

7. The presiding judge shall request witnesses to undertake to make truthful testimonies and bear responsibility before law for their untruthful testimonies, except for witnesses who are minors.

8. The presiding judge shall request the expert witness and interpreter to undertake to provide accurate examination results and verbatim interpretations.

Article 170. Response to requests for change of procedure-conducting persons, expert witnesses and interpreters

In case there is a request for change of a procedure-conducting person, an expert witness or an interpreter at the court hearing, the trial panel shall consider and decide to accept or reject the request in accordance with this Law. In case of rejection, the reason shall be clearly stated and recorded in the minutes of the court hearing.

In case there is an opinion that an expert witness has violated one of the provisions of Clause 3, Article 63 of this Law, the trial panel shall consider such opinion and decide on reexamination in accordance with law if such opinion is grounded.

Article 171. Assurance of objectivity of witnesses

1. Before witnesses are questioned about matters which they know and are related to the settlement of the case, the presiding judge of the court hearing may decide to take necessary' measures so that witnesses can neither hear each other’s testimonies nor contact with related persons.

2. If testimonies of involved parties and witnesses may influence one another, the presiding judge of the court hearing may decide to isolate involved parties from the witness before the latter is questioned.

Article 172. Questioning of involved parties about change, addition or withdrawal of their claims

1. The presiding judge of the court hearing shall ask the plaintiff about change, addition or withdrawal of part or the whole of their lawsuit claims.

2. The presiding judge of the court hearing shall ask persons with related interests and obligations that have made independent claims about change, addition or withdrawal of part or the whole of their independent claims.

Article 173. Consideration of change, addition or withdrawal of claims

1. The trial panel shall accept the change or addition of involved parties’ claims provided that the change or addition does not go beyond the scope of their lawsuit claim or initial dependent claims.

2. In case involved parties voluntarily withdraw part or the whole of their claims, the trial panel shall accept the request and terminate the trial with regard to the withdrawn part or whole of claims.

Article 174. Change of procedural status

In case the plaintiff withdraws the whole of his/her/its lawsuit claim but persons with related interests and obligations still retain their independent claims, the latter shall become the plaintiff.

Section 3. ADVERSARY PROCESS AT COURT HEARINGS

Article 175. Contents and method of adversary process at court hearings

1. Adversary process at a court hearing consists of presentation of evidences, questioning, arguments and counter-arguments, answering, and presentation of viewpoints and arguments on assessment of evidences and circumstances of the case, disputed legal relations and laws applied to settle claims of involved parties in the case.

2. Adversary process at court hearings shall be conducted under control by the presiding judge.

3. Presiding judges may not limit the period of time for adversary process, shall create conditions for participants in the adversary process to fully present their opinions but may rule out opinions irrelevant to the case.

Article 176. Statements of involved parties

1. In case involved parties retain their claims and viewpoints and cannot reach agreement on the settlement of the case, the trial panel shall summarize contents of claims of involved parties, notify conclusions made at the session to check the handover of, access to, and disclosure of evidences and dialogues, matters to be discussed in the adversary process, and request involved parties to make statements on unclear or inconsistent matters in the following order:

a/ The defense counsel of lawful rights and interests of the plaintiff shall make statements on unclear or inconsistent matters and present evidences to prove that the plaintiff’s claim is grounded and lawful. The plaintiff may make additional statements. In case the plaintiff is an agency or organization, its representative shall make statements on unclear or inconsistent matters and evidences to prove that the lawsuit institution claim is grounded and lawful;

b/ The defense counsel of lawful rights and interests of the defendant shall present the latter's statements on the claim of the plaintiff; requests and recommendations of the defendant and evidences to prove that such requests are grounded and lawful. The defendant may make additional statements;

c/ The defense counsels of lawful rights and interests of persons with related interests and obligations shall present the latter’s statements on requests and recommendations of the plaintiff and defendant: their independent claims and requests and evidences to prove that such requests are grounded and lawful. Persons with related interests and obligations may make additional statements.

2. In case the plaintiff, defendant and persons with related interests and obligations have no defense counsel of their lawful rights and interests, they shall present by themselves their requests and recommendations and evidences to prove that such requests and recommendations are grounded and lawful.

3. At the court hearing, involved parties and defense counsels of their lawful rights and interests may only provide additional evidences under Clause 2, Article 133 of this Law to prove their requests and recommendations.

Article 177. Order and principles of questioning at court hearings

1. After listening to statements of involved parties and defense counsels of their lawful rights and interests under Article 176 of this Law, under the control by the presiding judge, the order of questioning by the following persons shall be as follows:

a/ The plaintiff and defense counsel of his/her/its lawful rights and interests shall raise questions first, followed by the defendant and defense counsel of his/her/its lawful rights and interests, persons with related interests and obligations and defense counsels of their lawful rights and interests;

b/ Other procedure participants;

c/ Presiding judge, people’s assessors;

d/ Procurators participating in the court hearing.

2. Questions shall be raised in a clear and serious manner and must not be identical, and it is prohibited to take advantage of the questioning and answering to offend honor and dignity of procedure participants.

Article 178. Questioning of plaintiffs

1. In case there are more than one plaintiff, they shall be questioned separately one by one.

2. The plaintiff shall be questioned only about matters presented by himself/herself/ itself and the defense counsel of his/her/its lawful rights and interests which remain unclear, inconsistent or contradictory to their previous testimonies, or contradictory to the statements of the defendant, persons with related interests and obligations and defense counsels of the lawful rights and interests of these persons.

3. The plaintiff may himself/herself/itself give answers or the defense counsel of his/her/ its lawful rights and interests may give answers on his/her/its behalf, then he/she/it shall give additional answers.

Article 179. Questioning of defendants

1. In case there are more than one defendant, they shall be questioned separately one by one.

2. The defendant shall be questioned only about matters presented by himself/herself/ itself and the defense counsel of his/her/its lawful rights and interests which remain unclear, inconsistent or contradictory to their previous testimonies, or contradictory to the statements of the plaintiff, persons with related interests and obligations and defense counsels of the lawful rights and interests of these persons.

3. The defendant may himself/herself/itself give answers or the defense counsel of his/ her/its lawful rights and interests may give answers on his/her/its behalf, then he/she/it shall give additional answers.

Article 180. Questioning of persons with related interests and obligations

1. In case there are more than one person with related interests and obligations, they shall be questioned separately one by one.

2. Persons with related interests and obligations shall be questioned only about matters presented by themselves, defense counsels of their lawful rights and interests which remain unclear, inconsistent or contradictory to their previous testimonies, or contradictory to statements of the plaintiff, defendants and defense counsels of the lawful rights and interests of these persons.

3. Persons with related interests and obligations may themselves give answers or defense counsels of their lawful rights and interests may give answers on their behalf, then they shall give additional answers.

Article 181. Questioning of witnesses

1. In case there are more than one witness, they shall be questioned separately one by one.

2. Before questioning witnesses, the presiding judge of the court hearing shall ask clearly about the relationships between them and involved parties in the case. If witnesses are minors, the presiding judge of the court hearing may ask for help of their parents, guardians or teachers in questioning.

3. The presiding judge of the court hearing shall request witnesses to clearly state circumstances of the case which they know. After witnesses make their statements, they may only be further questioned about matters which remain unclear, incomplete or inconsistent in their statements or contradictory to their previous testimonies or statements of involved parties or of defense counsels of the lawful rights and interests of involved parties.

4. After making their statements, witnesses shall stay in the courtroom so that they may be further questioned.

5. When necessary to ensure safety for witnesses and their relatives, the trial panel shall decide not to disclose information on their personal identities and keep them from being seen by court hearing participants.

6. Involved parties and defense counsels of their lawful rights and interests shall question witnesses after obtaining consent of the presiding judge.

Article 182. Disclosure of documents of cases

1. The trial panel shall disclose documents of a case in the following cases:

a/ Procedure participants are absent from the court hearing but have given their testimonies in the stage of trial preparation;

b/ Testimonies given by procedure participants at the court hearing are contradictory to their previous testimonies;

c/ When the trial panel finds it necessary or when involved parties, defense counsels of lawful rights and interests of involved parties, other procedure participants or procurators so request.

2. In special cases where it is necessary to keep state secrets, to preserve fine national customs and practices, to keep professional secrets, business secrets or privacy secrets, or to protect minors at the request of involved parties, the trial panel shall not disclose documents included in the case file.

Article 183. Listening to audio tapes and disks and watching video tapes and disks and other sound- or image-recording media

At the request of involved parties, defense counsels of lawful rights and interests of involved parties, other procedure participants or procurators or when finding it necessary, the trial panel may play audio or video tapes and disks of other sound- or image-recording media to be listened to or watched at the court hearing, except the cases specified in Clause 2, Article 182 of this Law.

Article 184. Examination of material exhibits

1. Material exhibits, photos or written certifications of exhibits shall be presented for examination at the court hearing.

2. When finding it necessary, the trial panel may go together with involved parties for onsite examination of material exhibits which cannot be brought to the court hearing.

Article 185. Questioning of expert witnesses

1. The presiding judge of the court hearing shall request expert witnesses to present their conclusions on matters they are assigned to examine. During the presentation, expert witnesses may explain their expert examination conclusions and grounds for making these conclusions.

2. Procurators and procedure participants present at the court hearing may give comments on expert examination conclusions or ask about matters which remain unclear or inconsistent in expert examination conclusions or contradictory to other evidences of the case.

3. If expert witnesses are absent from the court hearing, the presiding judge of the court hearing shall disclose expert examination conclusions.

4. If any procedure participant disagrees with expert examination conclusions disclosed at the court hearing and requests an additional examination or re-examination, if finding the additional examination or re-examination unnecessary, the trial panel shall continue the court hearing; if finding the additional examination or re-examination necessary for the settlement of the case, the trial panel shall decide on additional examination or re-examination and postpone the court hearing to await results of additional examination or re-examination.

Article 186. Conclusion of questioning at court hearings

When seeing that circumstances of the case have been fully examined, the presiding judge of the court hearing shall ask the procurator, involved parties, defense counsels of the lawful rights and interests of involved parties and other procedure participants whether they have any further questions. In case someone has a question and he/she finds such question grounded, the presiding judge of the court hearing shall decide to continue the questioning.

Article 187. Postponement of court hearings

1. During the trial, the trial panel may postpone the court hearing when:

a/ A procedure-conducting person can no longer conduct the court hearing due to his/her poor health, a force majeure event or another objective obstacle, except where such person can be replaced;

b/ A procedure participant can no longer be present at the court hearing due to his/her poor health, a force majeure event or another objective obstacle, except where such person requests the trial to be conducted in his/her absence;

c/ Additional verification or collection of documents and evidences is required for the settlement of the case but cannot be conducted right at the court hearing;

d/ It is necessary to report to the chief justice of the competent court for request for, or recommendation on, amendment, supplementation or annulment of legal documents under Article 111 of this Law;

dd/ Involved parties request the court to postpone the court hearing for their dialogues;

e/ Results of additional examination or re-examination prescribed in Clause 4, Article 185 of this Law are not available yet.

2. The postponement of a court hearing shall be recorded in the minutes of the court hearing. The period of postponement of a court hearing must not exceed 30 days after the trial panel decides on postponement. The trial panel shall resume the court hearing if the reason for its postponement no longer exists. Upon the expiration of this period, if the reason for postponement of the court hearing is not yet redressed, the trial panel shall issue a decision to suspend the settlement of the case and notify in writing procedure participants and the same-level procuracy of the time of resumption of the court hearing.

Article 188. Order for making statements during argument

1. After the questioning, arguments at the court hearing shall be made as follows:

a/ The defense counsel of the lawful rights and interests of the plaintiff shall make statements. The plaintiff may give additional opinions. In case the plaintiff is an agency or organization, its representative shall make statements;

b/ The defense counsel of the lawful rights and interests of the defendant shall make arguments and counter-arguments. The defendant may give additional opinions;

c/ Defense counsels of the lawful rights and interests of persons with related interests and obligations shall make statements. Persons with related interests and obligations may give additional opinions;

d/ Involved parties shall make arguments and counter-arguments under control by the presiding judge;

dd/ When finding it necessary, the trial panel may request involved parties to make additional arguments on specific matters to serve as a basis for the settlement of the case.

2. In case the plaintiff, defendant and persons with related interests and obligations have no defense counsels of their lawful rights and interests, they shall make statements by themselves during argument.

3. In case one of involved parties or defense counsels of their lawful rights and interests of involved parties and other procedure participants is absent from the court hearing, the presiding judge shall disclose their testimonies and documents on protection of lawful rights and interests of involved parties based on which involved parties present at the court hearing shall make arguments and counter-arguments.

Article 189. Making of statements during argument and counter-argument

When making statements on the assessment of evidences or presenting their viewpoints on the settlement of the case, persons participating in the argument shall base themselves on documents and evidences already collected and examined or verified at the court hearing as well as results of the questioning at the court hearing. They may reply to opinions of others.

Article 190. Statements of procurators

After procedure participants make their arguments and counter-arguments, the procurator shall make statements on the compliance with the procedure law by judges, people’s assessors, court clerk and procedure participants throughout the course of settlement of the case, from the acceptance of the case to the time before the deliberation by the trial panel, and on the settlement of the case.

Right after the conclusion of the court hearing, the procurator shall send the document on presentation of statements to the court for inclusion in the case file.

Article 191. Deliberation

1. After the argument, the trial panel shall enter the deliberation room to make deliberation.

2. Only members of the trial panel can participate in the deliberation. During the deliberation, members of the trial panel shall decide on all matters of the case by majority voting on matter by matter. People’s assessors shall vote first and judges shall vote last. If the trial panel is composed of 5 members, the presiding judge of the court hearing shall vote last. Members of minority opinion may present their opinions in writing which shall be recorded in the case file.

3. During the deliberation, the trial panel may base themselves only on documents and evidences already examined and considered at the court hearing, results of the adversary process at the court hearing, opinions of procurators, and provisions of law, and study and apply relevant administrative court precedents (if any) before deciding on the following matters:

a/ Legality and grounds in terms of presentation and contents of the administrative decision or the performance of the administrative act over which the lawsuit is instituted;

b/ Legality in terms of competence, order and procedures for issuance of the administrative decision or performance of the administrative act;

c/ Statute of limitations and time limit for issuance of the administrative decision or performance of the administrative act;

d/ Relationship between the administrative decision or administrative act and lawful rights and interests of the plaintiff and related persons;

dd/ Legality and grounds of relevant administrative documents (if any);

e/ Compensation for damage and other matters (if any).

4. The deliberation shall be recorded in a minutes with all opinions discussed and decisions of the trial panel. The deliberation minutes shall be signed by members of the trial panel in the deliberation room before the judgment pronouncement.

5. For a case involving many complicated circumstances and the deliberation requires a longer time, the trial panel may decide to prolong the deliberation time limit which must not exceed 5 working days after the argument is concluded at the court hearing.

The trial panel shall inform all persons present at the court hearing and procedure participants absent from the court hearing of the time, date and place of judgment pronouncement. If the trial panel has done so but some procedure participants are still absent, it shall still conduct the judgment pronouncement under Article 195 of this Law.

Article 192. Resumption of questioning and argument

Through argument or deliberation, if finding that certain circumstances of the case have not been examined, the questioning remains inadequate or more evidences should be examined, the trial panel shall decide to resume the questioning and argument.

Article 193. Jurisdiction of trial panel

1. The trial panel shall examine the legality of administrative decisions, administrative acts, disciplinary decisions on dismissal, decisions on settlement of complaints about decisions on handling of competition cases or voter lists over which lawsuits are instituted, complaint settlement decisions, and relevant legal documents.

2. The trial panel may decide to:

a/ Reject the lawsuit claim which is not legally grounded;

b/ Accept part or whole of the lawsuit claim, pronounce cancellation of part or whole of the unlawful administrative decision and relevant complaint settlement decision (if any); compel a state agency or a competent person in this state agency to perform tasks or public duties in accordance with law; and at the same time propose the handling of the cancelled unlawful administrative decision;

c/ Accept part or whole of the lawsuit claim, declare the administrative act unlawful; pronounce cancellation of part or whole of the relevant complaint settlement decision (if any); and compel a state agency or a competent person in this state agency to terminate the unlawful administrative act;

d/ Accept the lawsuit claim, pronounce cancellation of the unlawful disciplinary decision on dismissal; and compel the head of an agency or organization to perform tasks or public duties in accordance with law;

dd/ Accept part or the whole of the lawsuit claim, pronounce cancellation of part or the whole of the unlawful decision on settlement of the complaint about the decision on handling of a competition case; and compel the competent agency or person that has issued the decision on settlement of the complaint about the decision on handling of a competition case to resettle this case in accordance with the Law on Competition;

e/ Accept part or whole of the lawsuit claim: and compel the agency that has made the voter list to modify or supplement the list in accordance with law;

g/ Compel an agency or organization to pay compensation for damage, restore the lawful rights and interests of the agency, organization or individual which are infringed upon by the unlawful administrative decision, administrative act, disciplinary decision on dismissal or decision on settlement of the complaint about the decision on handling of a competition case;

h/ Request a competent state agency or its head to determine the responsibility of state agencies or competent persons of these agencies.

3. In case it is necessary to request a competent agency or person to consider and handle an administrative document relevant to the administrative decision or act over which the lawsuit is instituted as specified in Clause 1, Article 6 of this Law, the trial panel shall report such to the chief justice of the court currently settling the case so that he/she can request in writing the competent agency or person to consider and handle such administrative document. In this case, the trial panel may postpone the court hearing to await results of handling by the competent agency or person. Within 30 days after receiving the decision of the court, the competent agency or person shall reply in writing the handling results to the court to serve as a basis for the settlement of the case. Past that time limit, if receiving no written reply of the competent agency or person, the trial panel may apply a document of the superior state agency to make a decision under Clause 2 of this Article.

4. If detecting a legal document relevant to the settlement of the administrative case showing signs of contravention of the Constitution, a law' or a legal document of a superior state agency, the trial panel shall postpone the court hearing under Article 112 of this Law.

Article 194. First-instance judgments

1. The court shall make judgments in the name of the Socialist Republic of Vietnam.

2. A judgment consists of an introductory part, a part on the contents of the case and reasoning of the court, and a part on the court ruling, specifically as follows:

a/ The introductory part must indicate the name of the first-instance court; serial number of the case and date of case acceptance; serial number of the judgment and date of judgment pronouncement; full names of members of the trial panel, court clerk, procurator, expert witness and interpreter; names and addresses of the plaintiff, defendant, persons with related interests and obligations; agency or organization being the plaintiff; lawful representatives, defense counsels of lawful rights and interests of involved parties; subject matter of the lawsuit; serial number and date of the decision to bring to case to public or behind-closed-door trial; and time and venue of trial.

b/ The part on the contents of the case and reasoning of the court must state the lawsuit claim of the plaintiff; lawsuit petition of the agency or organization; and requests and independent claims of persons with related interests and obligations.

The court shall base itself on results of the adversary process and evidences examined at the court hearing to fully and objectively analyze, assess and judge circumstances of the case, legal grounds and court precedents (if any) which it applies to accept or reject claims and requests of involved parties and defense counsels of the lawful rights and interests of involved parties, and settle other related matters;

c/ The part on the court ruling must clearly state legal grounds, rulings of the trial panel on each specific matter which needs to be settled in the case, application of provisional urgent measures, legal costs, procedural expenses and the right to appeal against the judgment. If there is a decision which must be executed without delay, such decision must be clearly stated.

3. When retrying a case on which the judgment or ruling has been partially or wholly quashed under a cassation or reopening ruling, the court shall settle the matters of property and obligations which have been performed under the legally effective judgment or ruling which is quashed, and clearly state such in the judgment.

Article 195. Pronouncement of judgments

The trial panel shall pronounce a judgment in the presence of involved parties. In case involved parties are present at the court hearing but absent when the judgment is pronounced or absent under Clause 5, Article 191 of this Law, the trial panel shall still pronounce the judgment. In case of behind-closed-door trial under Clause 2, Article 16 of this Law, the trial panel shall publicly pronounce the introductory part and the part on the court ruling of the judgment.

Upon pronouncement of a judgment, all people present in the courtroom shall rise, except those permitted by the presiding judge of the court hearing to stay seated. The presiding judge of the court hearing or another member of the trial panel shall read out the judgment and may give further explanations about the judgment execution and the right to appeal.

In case an involved party cannot understand Vietnamese, the interpreter shall, after the judgment pronouncement, interpret the full text of the judgment into the language he/she knows.

Article 196. Provision or sending of judgment extracts and judgments

1. Within 3 working days after the conclusion of a court hearing, involved parties shall be provided with judgment extracts by the court.

2. Within 7 days after the date of judgment pronouncement, the court shall provide or send the judgment to involved parties and the same-level procuracy.

3. Thirty days after the expiration of the time limit for filing appeals or protests, if no appeal or protest is filed, the court shall provide or send the legally effective judgment to involved parties, the same-level procuracy and civil judgment enforcement agency, and the immediate superior agency of the defendant.

4. Legally effective first-instance judgments of first-instance courts shall be published on e-portals (if any) of these courts, except judgments that contain information specified in Clause 2, Article 96 of this Law.

Article 197. Correction or supplementation of court judgments and rulings

1. Court judgments and rulings, once issued, may not be corrected or supplemented, except in case obvious spelling errors or erroneous data due to mistakes or miscalculation are detected. Documents on corrections or supplementations must be immediately sent by the court to involved parties and same-level procuracy. For legally effective judgments or rulings, such documents shall also be sent to the civil judgment enforcement agency at the same level and the immediate superior agency of the defendant.

2. The correction or supplementation of judgments and rulings specified in Clause 1 of this Article shall be made by the presiding judge of the court hearing in coordination with members of the trial panel trying such case or by the presiding judge. In case a member of the trial panel or the presiding judge cannot make correction or supplementation, the chief justice of the court shall do so.