Chương XIV Luật tố tụng hành chính 2015: Giải quyết vụ án hành chính theo thủ tục rút gọn tại tòa án

Chapter XIV

SETTLEMENT OF ADMINISTRATIVE CASES ACCORDING TO SUMMARY PROCEDURES AT COURTS

Section 1. SETTLEMENT OF ADMINISTRATIVE CASES ACCORDING TO SUMMARY

PROCEDURES AT FIRST-INSTANCE COURTS

Article 245. Scope of application of summary procedures

1. Summary procedures in administrative procedures mean procedures for settling an administrative case when the conditions prescribed in this Law are satisfied with a view to shortening the time and simplifying procedures as compared to general procedures for settling an administrative case while ensuring lawful settlement of the case.

2. The court shall apply the provisions of this Chapter and other provisions of this Law which are not contrary to this Chapter for settling a case according to summary procedures.

3. In case other laws prescribe the application of summary procedures to administrative complaints or petitions, the provisions of this Law shall apply.

Article 246. Conditions for application of summary procedures

1. A case shall be settled according to summary procedures when the following conditions are fully satisfied:

a/ Its circumstances are simple with sufficient and clear documents and evidences, ensuring sufficient grounds for the settlement, not requiring the court to collect documents and evidences;

b/ Involved parties have clear addresses of residence and working offices;

c/ There is no involved party residing overseas, unless the involved party residing overseas agrees with the involved party in Vietnam to request the court to settle the case according to summary procedures.

2. During the settlement of a case according to summary procedures, the court shall issue a decision to shift to settling the case according to general procedures in any of the following cases:

a/ New circumstances occur on which the involved parties cannot reach agreement and which require verification and additional collection of documents or evidences or an expert examination;

b/ The involved parties cannot reach agreement on prices, requiring the asset valuation;

c/ A provisional urgent measure needs to be applied;

d/ There are more persons with related interests and obligations;

dd/ An independent claim is made;

e/ There is an involved party residing overseas, requiring judicial mandate, except the case specified at Point c, Clause 1 of this Article.

3. If a case is shifted to be settled according to general procedures, the time limit for preparing the trial of the case shall be re-counted from the date of issuance of the decision to shift to settling the case according to general procedures.

Article 247. Decisions to bring cases to settlement according to summary procedures

1. Within 30 days after accepting a case under Article 125 of this Law, the judge assigned to settle the case shall issue a decision to bring the case to settlement according to summary procedures and open a court hearing for trial within 10 days after issuing such decision.

2. A decision to bring a case to settlement according to summary procedures must have the following principal contents:

a/ Date of issuance;

b/ Name of the issuing court;

c/ The case to be settled according to summary procedures;

d/ Names, addresses, facsimile numbers, and emails (if any) of the plaintiff, defendant and person with related interests and obligations;

dd/ Full names of the judge, court clerk and procurator; and full names of alternate judge and procurator (if any);

e/ Time, date and venue of the court hearing;

g/ Public or behind-closed-door trial;

h/ Full names of persons summoned to participate in the court hearing.

3. A decision to bring a case to settlement according to summary procedures shall be sent to the involved parties and same-level procuracy together with the case file right after it is issued. Within 3 working days after receiving the case file, the procuracy shall study and return it to the court.

Article 248. Complaints and recommendations about decisions to bring cases to settlement according to summary procedures and settlement thereof

1. Within 3 working days after receiving the court’s decision to bring a case to settlement according to summary procedures, the involved parties may file complaints and the same-level procuracy may make recommendations to the chief justice of such court.

2. Within 3 working days after receiving complaints and recommendations about the decision to bring a case to settlement according to summary procedures, the chief justice of the court shall decide to:

a/ Uphold such decision; or,

b/ Cancel such decision and shift to settling the case according to general procedures.

3. The chief justice’s decisions to settle complaints and recommendations are final and shall be sent immediately to the involved parties and same-level procuracy.

Article 249. Court hearings according to summary procedures

1. The first-instance trial of an administrative case according to summary procedures shall be conducted by a judge.

2. The judge shall carry out procedures for opening the court hearing under Article 169 of this Law.

3. After opening the court hearing, the judge shall hold dialogues, except the case specified in Article 135 of this Law where a dialogue cannot be held. In case the involved parties can reach agreement on the settlement of the case, the judge shall make a written record of successful dialogue and issue a decision recognizing successful dialogue results under Article 140 of this Law. If they cannot reach agreement, the judge shall conduct trial.

Presentation of opinions, arguments and counter-arguments, and proposal of viewpoints on the settlement of a case must comply with Section 3, Chapter XI of this Law.

4. If new circumstances arise during the court hearing as prescribed in Clause 2, Article 246 of this Law, making the case no longer satisfy the conditions for application of summary procedures, the judge shall consider and decide to shift to settling the case according to general procedures; the duration of trial preparation shall be recounted under Clause 3, Article 246 of this Law.

Article 250. Effect of judgments and rulings made according to summary procedures

1. A first-instance court judgment or ruling made according to summary procedures may be appealed or protested against for requesting the appellate court to re-settle the case according to appellate summary procedures.

2. A judgment or ruling according to summary procedures may be protested against according to cassation or reopening procedures in accordance with this Law.

Section 2. SETTLEMENT OF ADMINISTRATIVE CASES ACCORDING TO SUMMARY PROCEDURES AT APPELLATE COURTS

Article 251. Time limit for filing appeals or protests against judgments and rulings according to summary procedures

1. The time limit for filing an appeal against a judgment or ruling of the first-instance court according to summary procedures is 7 days after the judgment is pronounced. In case the involved parties fail to be present at the court hearing, the time limit for filing an appeal shall be counted from the date the judgment or ruling is delivered to them or posted up.

2. The time limit for the same-level procuracy or immediate superior procuracy to protest against a judgment or ruling of the first-instance court according to summary procedures is 7 days or 10 days, respectively, after receiving the judgment or ruling.

Article 252. Time limit for preparing appellate trial

1. Within 30 days after accepting a case, the appellate court shall, on a case-by-case basis, decide to:

a/ Suspend the appellate trial of the case;

b/ Terminate the appellate trial of the case; or,

c/ Bring the case to appellate trial.

2. A decision to bring a case to appellate trial must have the contents specified in Clause 2, Article 247 of this Law.

3. A decision to bring a case to appellate trial shall be sent to persons related to the appeal or protest and the same-level procuracy together with the case file. Within 5 working days after receiving the case file, the procuracy shall study and return it to the court.

In case the court issues a decision to shift to settling the case according to general procedures under Clause 2, Article 246 of this Law, the time limit for preparing trial of the case shall be counted under Clause 3, Article 246 of this Law.

4. In case there is a decision to suspend the appellate trial of the case.dhe time limit for preparing appellate trial shall be recounted from the effective date of the court’s decision to cancel the decision on suspension of the case.

Article 253. Appellate procedures for first-instance court judgments or rulings on settlement of cases according to summary procedures which are appealed or protested against

1. The appellate trial of an administrative case according to summary procedures shall be conducted by a judge. Within 15 days after the issuance of a decision to bring the case to trial, the judge shall open an appellate court hearing.

2. The court hearing shall be attended by the involved parties and procurator of the same- level procuracy. The trial panel shall still conduct trial in the procurator’s absence, unless the procuracy files an appellate protest.

In case the involved parties are absent without plausible reasons though they have been duly summoned, or they make a written request for trial in their absence, the judge shall conduct the court hearing.

3. The judge shall briefly present the contents of the first-instance judgment or ruling which is appealed or protested against, contents of the appeal or protest, and enclosed documents and evidences (if any).

4. The defense counsel of lawful rights and interests of the involved parties shall present opinions and the involved parties shall add opinions on the contents of appeal or protest, make arguments and counter-arguments, and propose their viewpoints on the settlement of the case.

5. After all arguments and counter-arguments are made, the procurator shall present the procuracy’s opinions on the law observance during the settlement of the case at the appellate stage.

6. When reviewing the first-instance court’s judgment or ruling which is appealed or protested against, the judge may:

a/ Uphold the judgment or ruling;

b/ Modify the judgment or ruling;

c/ Annul the judgment or ruling and transfer the case file to the first-instance court for resettling the case according to summary procedures or general procedures if the case no longer satisfies the conditions for settlement according to summary procedures;

d/ Annul the first-instance judgment and terminate the settlement of the case;

dd/ Terminate the appellate trial and uphold the first-instance judgment.

7. An appellate judgment or ruling will take legal effect on the date it is made.