Which administrative decisions are not within the jurisdiction of the Court in administrative proceedings in Vietnam?
- What is an administrative decision in Vietnam?
- Which administrative decisions are not within the jurisdiction of the Court in administrative proceedings in Vietnam?
- Which lawsuits over administrative decisions are within the jurisdiction of district-level courts?
- Which lawsuits over administrative decisions are within the jurisdiction of provincial-level courts?
What is an administrative decision in Vietnam?
Pursuant to Clause 1, Article 3 of the 2015 Law on Administrative Procedures in Vietnam stipulating as follows:
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.
Thus, an administrative decision in Vietnam 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.
The content of an administrative decision is to decide on a specific matter in administrative management activities, and applicable once to one or a number of specific subjects.
In addition, based on Clause 2, Article 3 of the 2015 Law on Administrative Procedures in Vietnam, there is still the concept of an administrative decision over which a lawsuit is instituted. Specifically, the 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.
Which administrative decisions are not within the jurisdiction of the Court in administrative proceedings in Vietnam?
Which administrative decisions are not within the jurisdiction of the Court in administrative proceedings in Vietnam?
Pursuant to Article 30 of the 2015 Law on Administrative Procedures in Vietnam supplemented by Clause 7, Article 2 of the 2019 Law on amendments to some articles of the Law on State Audit Office of Vietnam stipulating as follows:
Lawsuits under jurisdiction of courts
1. Lawsuits over administrative decisions, except:
a/ Administrative decisions pertaining to state secrets in the fields of national defense, security and foreign affairs in accordance with law;
b/ Court rulings or acts in the application of administrative handling measures or handling of acts obstructing procedural activities;
c/ Internal administrative decisions of agencies and organizations.
2. Lawsuits over disciplinary decisions on dismissal of civil servants holding the position of general director of a general department or equivalent or lower position.
3. Lawsuits over decisions on settlement of complaints about decisions on handling of competition cases, decisions to settle complaints about governmental auditing activities.
4. Lawsuits over voter lists.
Thus, administrative decisions not falling under the court's jurisdiction in administrative proceedings in Vietnam include:
- Administrative decisions pertaining to state secrets in the fields of national defense, security and foreign affairs in accordance with law;
- Internal administrative decisions of agencies and organizations.
Which lawsuits over administrative decisions are within the jurisdiction of district-level courts?
Pursuant to Article 31 of the 2015 Law on Administrative Procedures in Vietnam stipulating as follows:
Jurisdiction of district-level courts
District-level courts shall settle according to first-instance procedures:
1. Lawsuits over administrative decisions of state administrative agencies at the district or lower level within the same administrative boundaries with courts or of competent persons in these agencies, except administrative decisions of district-level People’s Committees and district-level People’s Committee chairpersons;
2. Lawsuits over disciplinary decisions on dismissal of civil servants under management by agencies or organizations at the district or lower level within the same administrative boundaries with courts, issued by heads of these agencies or organizations;
3. Lawsuits over voter lists made by agencies in charge of making voter lists within the same administrative boundaries with courts.
Thus, a lawsuit over an administrative decision under the jurisdiction of a district-level court is a lawsuit against an administrative decision of state administrative agencies at the district or lower level within the same administrative boundaries with courts or of competent persons in these agencies.
Except administrative decisions of district-level People’s Committees and district-level People’s Committee chairpersons.
Which lawsuits over administrative decisions are within the jurisdiction of provincial-level courts?
Pursuant to Article 32 of the 2015 Law on Administrative Procedures in Vietnam, supplemented by Clause 7, Article 2 of the 2019 Law on amendments to some articles of the Law on State Audit Office of Vietnam, lawsuits over administrative decisions falling under the jurisdiction of provincial-level courts include:
- Lawsuits over administrative decisions of ministries, ministerial-level agencies, government-attached agencies, the Presidential Office, the National Assembly Office, the State Audit Office of Vietnam, the Supreme People’s Court and the Supreme People’s Procuracy, and administrative decisions of competent persons in these agencies, which are filed by plaintiffs whose places of residence, workplaces or head offices are located within the same administrative boundaries with the courts.
In case plaintiffs have no places of residence, workplaces or head offices in the Vietnamese territory, courts of localities in which agencies or persons competent to issue administrative decisions or commit administrative acts are located have jurisdiction to settle these lawsuits;
- Lawsuits over administrative decisions of state agencies among those specified in Clause 1 of this Article, and administrative decisions of competent persons in these agencies, which are filed by plaintiffs whose places of residence, workplaces or head offices are located within the same administrative boundaries with the courts.
In case plaintiffs have no places of residence, workplaces or head offices in the Vietnamese territory, courts of localities in which agencies or persons competent to issue administrative decisions or commit administrative acts are located have jurisdiction to settle these lawsuits;
- Lawsuits over administrative decisions of provincial-level state agencies within the same administrative boundaries with the courts and of competent persons in these state agencies;
- Lawsuits over administrative decisions of district-level People’s Committees and district-level People’s Committee chairpersons within the same administrative boundaries with the courts;
- Lawsuits over administrative decisions of overseas representative missions of the Socialist Republic of Vietnam or of competent persons in these missions, which are filed by plaintiffs whose places of residence are located within the same administrative boundaries with the courts. In case plaintiffs have no places of residence in Vietnam, the People’s Court of Hanoi city or Ho Chi Minh City has jurisdiction to settle these lawsuits;
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