What are summary procedures in administrative proceedings in Vietnam? What should be included in the decision to bring an administrative case to settlement according to summary procedures in Vietnam?
- What are summary procedures in administrative proceedings in Vietnam?
- In administrative proceedings, what are the conditions for application of summary procedures in Vietnam?
- What should be included in the decision to bring an administrative case to settlement according to summary procedures in Vietnam?
What are summary procedures in administrative proceedings in Vietnam?
Pursuant to Clause 1, Article 245 of the 2015 Law on Administrative Procedures in Vietnam providing as follows:
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.
Thus, according to the above provisions, summary procedures in administrative procedures mean procedures for settling an administrative case when the conditions prescribed in the 2015 Law on Administrative Procedures in Vietnam 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.
What are summary procedures in administrative proceedings in Vietnam? What should be included in the decision to bring an administrative case to settlement according to summary procedures in Vietnam? (Image from the Internet)
In administrative proceedings, what are the conditions for application of summary procedures in Vietnam?
Pursuant to Clause 1, Article 246 of the 2015 Law on Administrative Procedures in Vietnam providing as follows:
Conditions for application of summary procedures in Vietnam
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.
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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.
Thus, according to the above provisions in administrative procedures, a case shall be settled according to summary procedures when the following conditions are fully satisfied:
- 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;
- Involved parties have clear addresses of residence and working offices;
- 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.
What should be included in the decision to bring an administrative case to settlement according to summary procedures in Vietnam?
Pursuant to Clause 2, Article 247 of the 2015 Law on Administrative Procedures in Vietnam providing as follows:
Decisions to bring cases to settlement according to summary procedures
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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.
Thus, according to the above provisions, a decision to bring a case to settlement according to summary procedures must have the following principal contents:
- Date of issuance;
- Name of the issuing court;
- The case to be settled according to summary procedures;
- Names, addresses, facsimile numbers, and emails (if any) of the plaintiff, defendant and person with related interests and obligations;
- Full names of the judge, court clerk and procurator; and full names of alternate judge and procurator (if any);
- Time, date and venue of the court hearing;
- Public or behind-closed-door trial;
- Full names of persons summoned to participate in the court hearing.
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