Chương XX Luật tố tụng hành chính 2015: Xử lý các hành vi cản trở hoạt động tố tụng hành chính

Chapter XX

HANDLING OF ACTS OBSTRUCTING ADMINISTRATIVE PROCEDURES

Article 316. Handling of acts violating rules of court hearings

1. Persons who violate the rules of court hearings prescribed in Article 153 of this Law shall, depending on the nature and severity of their violations, be administratively sanctioned as decided by the presiding judge in accordance with law.

2. The presiding judge may issue a decision compelling violators defined in Clause 1 of this Article to leave the court room. The public security agency tasked to protect the court hearing or person tasked to maintain order at the court hearing shall execute the presiding judge’s decision or temporarily hold in custody those who cause disorder at the court hearing.

3. In case violations are serious enough for violators to be examined for penal liability, the court may institute a criminal case in accordance with the criminal procedure law.

4. The provisions of this Article also apply to persons who commit violations at court sessions.

Article 317. Handling of contempt of court, acts harming the honor, dignity or health of procedure-conducting persons or others performing tasks at the request of the court

Those who commit contempt of court, or acts harming the honor or dignity of procedure conducting persons or others who perform tasks at the request of the court shall, depending on the nature and severity of their violations, be administratively sanctioned or examined for penal liability in accordance with law.

Article 318. Handling of acts obstructing the verification and collection of evidences by the court

Those who commit any of the following acts shall, depending on the nature and severity of their violations, be disciplined, administratively sanctioned or examined for penal liability in accordance with law:

1. Forging or destroying important documents to obstruct the settlement of the case by the court;

2. Refusing to declare, making untruthful declaration, or providing untruthful documents when acting as a witness;

3. Rejecting expert-examination conclusions, refusing to provide documents without a plausible reason, or making untruthful expert-examination conclusions;

4. Deceiving, threatening, forcing, bribing, or using force to prevent, a witness from giving testimonies, or compelling others to deceitfully act as a witness;

5. Deceiving, threatening, forcing, bribing, or using force to prevent, an expert witness from performing his/her duty, or compelling him/her to make an untruthful conclusion;

6. Deceiving, threatening, forcing, bribing, or using force to prevent, an interpreter from performing his/her duty or compelling him/her to give untruthful, biased or wrong interpretation;

7. Obstructing a procedure-conducting person to make on-spot consideration and appraisal, decide on valuation, decide on solicitation of expert examination, or verify or collect other evidences in accordance with this Law;

8. Intentionally giving untruthful interpretation;

9. Failing to assign a person to join the Valuation Council at the request of the court without a plausible reason; failing to perform the duties of the Valuation Council without a plausible reason.

Article 319. Handling of acts of intentionally failing to be present though having been summoned by the court

1. A witness, an interpreter or an expert witness who has been validly summoned by the court but intentionally fails to come to or is absent from the court hearing or session without a plausible reason shall be administratively sanctioned in accordance with law if his/her absence impedes the evidence collection or verification or settlement of the case.

2. In the case specified in Clause 1 of this Article, the court may issue a ruling to escort the witness to the court hearing or session, unless the witness is a minor. The witness escort decision must clearly state the time and venue of issuance; full name and position of the issuer; full name, date of birth and place of residence of the witness; and time and venue when and where the witness must show up.

3. The public security agency shall execute the court’s witness escort decision. The person executing this decision shall read and explain it to the escorted person and make a record of the escort.

Article 320. Handling of acts interfering in the settlement of cases

Those who use their influence to exert impacts in any form on the judge or another member of the trial panel in order to make the settlement of the case biased or unlawful shall, depending on the nature and severity of their violations, be disciplined, administratively sanctioned or examined for penal liability in accordance with law.

Article 321. Responsibilities of the court and procuracy when the court institutes criminal cases

1. If the court institutes a criminal case under Clause 3, Article 316 of this Law, within 15 days after issuing a decision on institution of criminal case, the court shall hand it to the procuracy competent to decide to institute criminal cases and documents and evidences for proving the criminal act.

2. The procuracy shall consider and handle the case in accordance with the Criminal Procedure Code.

Article 322. Handling of acts obstructing the handover, receipt, issuance or delivery or notification of court procedural documents

Those who commit any of the following acts shall, depending on the nature and severity of their violations, be disciplined, administratively sanctioned or examined for penal liability in accordance with law:

1. Failing to issue, hand over, deliver or notify without a plausible reason the court procedural document though having been requested by the court;

2. Destroying the court procedural document handed over to them for issuance or delivery as requested by the court;

3. Forging the result of delivery or notification of the court procedural document as assigned to them;

4. Obstructing the issuance, handover, receipt, delivery or notification of the court procedural document.

Article 323. Handling of acts preventing representatives of agencies, organizations or individuals from participating in procedures as requested by courts

Those who threaten, assault, or take advantage of others’ dependence to prevent representatives of agencies, organizations or individuals from being present at court hearings or sessions as summoned by the court shall, depending on the nature and severity of their violations, be disciplined, administratively sanctioned or examined for penal liability in accordance with law.

Article 324. Handling of acts of reporting untruthful information in order to obstruct the settlement of cases by the court

Those who report untruthful information in order to obstruct the settlement of the case shall, depending on the nature and severity of their violations, be disciplined, administratively sanctioned or examined for penal liability in accordance with law.

Article 325. Handling of failure of agencies, organizations and individuals to execute court rulings on provision of documents and evidences to the court

1. Agencies, organizations or individuals that fail to execute the court ruling on provision of documents and evidences they are currently managing or keeping shall be administratively sanctioned in accordance with law.

2. Individuals or heads of agencies or organizations defined in Clause 1 of this Article shall, depending on the severity of their violations, be disciplined or examined for penal liability in accordance with law.

Article 326. Sanctioning forms, competence, order and procedures The forms, competence, order and procedures for administratively sanctioning acts obstructing administrative procedure activities must comply with the Law on Handling of Administrative Violations and other relevant laws.