Luật Tố Tụng Hành Chính 2015 Tiếng Anh - the Law on Administrative Procedures.
THE NATIONAL
ASSEMBLY
------- |
THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness |
No. 93/2015/QH13
|
Hanoi, November
25, 2015
|
LAW
ON ADMINISTRATIVE PROCEDURES
Pursuant to the
Constitution of the Socialist Republic of Vietnam;
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.
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